for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up
Westlaw News

Merck, Pfizer prevail in patent fight with Biogen over multiple sclerosis drug

Note: This story has been corrected to name Merck KGaA, not Merck & Co, in the first paragraph.

A federal appeals court on Monday invalidated a Biogen Inc patent on the treatment of multiple sclerosis using a protein known as interferon-beta, a victory for Merck KGaA and Pfizer Inc, which jointly market the interferon-beta-based drug Rebif.

Circuit Judge Richard Linn, writing for a unanimous panel, reinstated a jury verdict that the patent was invalid because prior art had already described the use of naturally occurring interferon-beta to treat the disease. Biogen’s patent described the use of interferon-beta created synthetically, using recombinant DNA, but Linn said that did not make the method patentable.

To read the full story on Westlaw Today, click here: bit.ly/2S6hrAt

for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up