Ap­peals court puts the fi­nal nail in the cof­fin for Tec­fidera patent, adding to Bio­gen's bur­geon­ing set­backs

In an­oth­er set­back for Bio­gen, the big biotech lost its ap­peal to re­vive a patent for the once-block­buster drug Tec­fidera, mark­ing a like­ly con­clu­sion to the case.

The US Court of Ap­peals for the Fed­er­al Cir­cuit is­sued the rul­ing Tues­day morn­ing, say­ing Bio­gen failed to sat­is­fy the “writ­ten de­scrip­tion” re­quire­ment for patent law. As a re­sult, My­lan-turned-Vi­a­tris will be able to sell its mul­ti­ple scle­ro­sis gener­ic with­out fear of in­fringe­ment and Bio­gen will have to find a new rev­enue dri­ver else­where.

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