Posts on social media say that Biogen (BIIB +1.2%) has lost its patent infringement lawsuit in Delaware related to top seller Tecfidera (dimethyl fumarate) which accounted almost a third of its Q2 revenues. The company filed its complaint in June 2017 against Amneal Pharmaceuticals (AMRX +3.5%) in an attempt to block its generic version of the multiple sclerosis med. The judge stated that she was bound by the earlier patent invalidity ruling in West Virginia.
The FDA approved Mylan’s (MYL -2.0%) generic version a month ago after a federal judge in West Virginia invalided a key Biogen patent (U.S. Patent No. 8,399,514), a decision it is appealing.
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