A federal judge in Delaware delivered more bad news to Biogen regarding the drugmaker's efforts to keep generic versions of its top-selling multiple sclerosis treatment, Tecfidera, off the market through patent litigation.
The remaining patent for Tecfidera, which accounted for nearly a third of the company’s revenue last year, was invalidated by U.S. District Judge Maryellen Noreika in Wilmington, Delaware, who said the issue was already decided by another court in June and would not be re-litigated. The June 18 ruling by a federal court in West Virginia found that the Tecfidera patent, which expires in February 2028, should never have been issued.
The decision hands a big win to generic drug companies. The FDA approved Mylan's generic version last month, following the West Virginia ruling, and the drugmaker launched its copycat drug at risk, despite the possibility that Biogen could have won its appeal.
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