On October 24, 2018 the Federal Circuit ruled in favor of Finnegan client Biogen, affirming a Patent Trial and Appeal Board decision that determined Forward Pharma AS was not entitled to a patent on a method for treating multiple sclerosis used in Biogen’s multi-billion dollar drug Tecfidera. Forward argued that it sought patent claims on the same method in the same year Biogen was issued the patent. The Federal Circuit disagreed, stating that Forward’s application did not actually disclose the claimed treatment. As a result of the decision, Biogen does not have to pay royalties on Tecfidera to Forward.
