Biogen’s Rehearing Denial Lays New Hurdles for Pharma Patents

A recent dissent from three Federal Circuit judges signals that a potential Supreme Court petition might be on the horizon in a case that opened up a new avenue for challenging pharmaceutical patents.

Two denials of full court rehearings for pharmaceutical patents that hit March 16 are the latest examples of how the U.S. Court of Appeals for the Federal Circuit is grappling with the standard for written description support. Judge Alan D. Lourie authored a dissent in one of the decisions, saying that the opinion in Biogen International GmbH v. Mylan Pharmaceuticals Inc. will have a “muddying effect” on ...