Biogen Prevails In Fed. Circ. MS Drug Dispute With Forward

Law360 (October 24, 2018, 5:45 PM EDT) -- The Federal Circuit on Wednesday backed Biogen MA in a dispute with Forward Pharma AS over which company was the first to invent a multiple sclerosis treatment, a decision that frees Biogen from having to pay royalties on its multibillion-dollar drug Tecfidera to Forward.

The appeals court affirmed a Patent Trial and Appeal Board decision in an interference proceeding that determined Forward was not entitled to a patent on a method of treating MS using a specific dosage of compounds called fumarates.

Biogen was issued a patent in 2013 on the method it uses in Tecfidera, a drug with sales of...

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