Biogen Fails to Block Novartis Biosimilar of MS Drug During Suit

Biogen Inc. lost its bid to block a Novartis AG unit from launching a proposed biosimilar of blockbuster multiple sclerosis treatment Tysabri while its patent-infringement lawsuit continues.

The ruling, which Judge Gregory B. Williams issued under seal June 20 in the US District Court for the District of Delaware, is a rarity among biosimilars cases, which often settle before preliminary injunction requests are resolved.

Unlike lawsuits to block generic versions of traditional drugs under the Hatch-Waxman Act, suing under the Biologics Price Competition and Innovation Act doesn’t trigger an automatic 30-month stay of US Food and Drug Administration approval for ...