US Apex Court Declines Biogen Inc’s Bid To Reinstate Multiple Sclerosis Drug

Tecfidera is still one of Cambridge, Massachusetts-based Biogen’s best-selling drugs. But the company’s revenues from it have dropped because of generic competition.

The patent-focused U.S. Court of Appeals for the Federal Circuit upheld the judge’s ruling in favor of Mylan in a 2-1 decision, finding the patent’s written description did not outline its method for treating MS clearly enough.

The Federal Circuit decided 7-3 not to have all of its judges hear the appeal after the three-judge panel’s ruling.

Biogen told the Supreme Court that the Federal Circuit had added “additional, atextual requirements that distort” the standard for securing a patent involving a clear written description of the invention and how it is made and used. Biogen also said the decision would “chill investment in innovative technologies, including life-altering medical treatment.”

Mylan responded that the relevant part of Biogen’s patent failed to describe its method for treating MS with specificity “even once.”