Biogen Loses Bid to Revive Patent on Tecfidera MS Drug
- Trial court and review board were correct to invalidate patent
- Viatris had won trial court ruling and began selling generic
This article is for subscribers only.
Biogen Inc. lost its appeals court bid to revive a key patent on the blockbuster multiple sclerosis drug Tecfidera, which accounted for more than a quarter of the company’s revenue before generic versions eroded its market share.
A trial court was correct when it invalidated a patent on the medicine, the U.S. Court of Appeals for the Federal Circuit ruled. In a related ruling, the court also affirmed a decision by a review board within the U.S. Patent and Trademark office.