Bloomberg Law
March 16, 2022, 7:01 PMUpdated: March 16, 2022, 7:22 PM

Biogen Attempt for Redo of Mylan Patent Win Denied by Court (1)

Samantha Handler
Samantha Handler

Biogen Inc. won’t get a full Federal Circuit reconsideration of a ruling allowing Mylan Pharmaceuticals Inc. and other generic drugmakers to sell copycats of a drug, though three judges warned the opinion will have a “muddying” effect on case law.

The U.S. Court of Appeals for the Federal Circuit denied Biogen’s request for all judges to rehear the case in a precedential order, with Judge Alan D. Lourie writing a dissent joined by Chief Judge Kimberly A. Moore and Judge Pauline Newman.

The orignal 2-1 majority ruled that Biogen’s method of treatment patent doesn’t show the company possessed the ...