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James R. Barney

PTAB Upholds Biogen Drug Patent in Hedge Fund Challenge

March 21, 2017

Law360

On March 21, 2017 the Patent Trial and Appeal Board (PTAB) ruled in favor of Finnegan client Biogen, upholding a patent covering the multiple sclerosis drug Tecfidera in an inter partes review requested by the Coalition for Affordable Drugs. This was the Coalition's second failed attempt to invalidate the patent-in-suit. According to the decision, Biogen's experts presented sufficient evidence to demonstrate that a combination of previous patents, a clinical trial, and other prior art would not have made it obvious for an artisan to choose the 480 milligrams per day dosage cited in the patent.

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