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Drug Industry Groups Back Biogen Bid to Redo Mylan Patent Win

Jan. 20, 2022, 9:13 PM

Biogen Inc. won the support of three pharmaceutical lobbying groups in its bid for the Federal Circuit to reconsider a ruling that will allow Mylan Pharmaceuticals Inc. and other generic drugmakers to sell copycats of multiple sclerosis drug Tecfidera.

The U.S. Court of Appeals for the Federal Circuit held 2-1 in November that Biogen’s method of treatment patent doesn’t show the company possessed the claimed therapeutically effective dose to treat MS at the time it filed the patent application.

Biogen asked the full court to reconsider, arguing that the decision applied a heightened written description standard. The patent act requires ...

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