Biogen comes up empty in effort to block Tecfidera generic competitor

The U.S. Court of Appeals for the Federal Circuit has turned down requests from Biogen (BIIB -1.4%) seeking reconsideration of an April ruling preventing it from blocking Banner Life Sciences from selling a generic version of top seller Tecfidera (dimethyl fumarate) or a hearing before all active judges (instead of the 3-judge panel that decided on the matter).

The court found that the extension given to Biogen related to the disputed patent, which expired last week, only covers the active ingredient, not a related molecule given at a different dosage.

Despite the setback, the company still has its ‘514 patent expiring in 2028 to stiff-arm generic competitors until then, although a court in West Virginia agreed that Mylan showed it to be “invalid for lack of written description” in a ruling announced on June 18.

The multiple sclerosis med accounted for 39% of Biogen’s 2019 product sales.

https://seekingalpha.com/news/3585805-biogen-comes-up-empty-in-effort-to-block-tecfidera-generic-competitor