Federal Circuit Weighs Jurisdiction in $65 Million Royalty Case

A panel of the Federal Circuit expressed hesitation over whether it or a regional sister court has jurisdiction over an appeal of a drug-patent licensing dispute that allowed a patent owner to keep tens of millions in allegedly improper royalty payments.

The jurisdictional question stems from a licensing dispute where patent owner Alkermes PLC collected almost $82 million in royalties over two years from Acorda Therapeutics Inc. for exclusive use of its U.S. Patent No. 5,540,938, even though the patent had expired. Acorda sought to recoup those payments saying they were in violation of US Supreme Court precedent, and ...