- The US Supreme Court decided not to hear the case in connection with the patent’s reinstatement Biogen Inc BIB Blockbuster drug Tecfidera.
- The verdict clears the way Viatris Inc VTRS to continue marketing its generic version of the drug, launched more than two years ago.
- The judges denied Biogen’s appeal of a lower court’s decision to invalidate the patent.
- Related: These stocks are on the radar after Biogen-Eisai’s surprise win in Alzheimer’s lawsuit.
- Biogen sued Mylan, now part of Viatris, in West Virginia in 2017.
- Reuters reported that Biogen said Mylan’s proposed generic version of Tecfidera would infringe on its patents. US District Judge Irene Keeley ruled in 2020 that a key Tecfidera patent was invalid. Mylan launched its generic drug in August of this year.
- The patent-focused US Court of Appeals for the Federal Circuit affirmed the judge’s ruling in Mylan’s favor in a 2-1 decision, finding that the patent’s written description did not clearly outline its treatment for multiple sclerosis.
- The federal court ruled 7-3 that not all of its judges should hear the appeal following the three-judge panel’s decision.
- Lately, biogenic reached a $900 million settlement with a whistleblower who accused the company of paying bribes to doctors to encourage them to prescribe their multiple sclerosis drugs.
- Price promotion: BIIB shares are down 0.89% to $264.63 on Monday’s latest check.
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