Biogen Says Fed. Circ. Patent Ax Ruling 'Breaks New Ground'

Law360 (October 28, 2020, 10:26 PM EDT) -- Biogen asked the full Federal Circuit on Wednesday to revisit a panel decision that revived a jury verdict invalidating claims of a patent covering Biogen's blockbuster multiple sclerosis treatment Avonex, saying that the ruling "breaks new ground in a startling direction."

In an 18-page rehearing petition, Biogen said that a Federal Circuit panel in September incorrectly overturned a New Jersey federal judge's reversal of a jury verdict, which found part of Biogen's patent for Avonex was invalid for being anticipated by prior art.

Biogen said that the panel ran afoul circuit precedent when it compared the "abstract" amino acid sequence, instead...

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