Biogen, Forward Pharma autoimmune news
Forward said the Patent Trials and Appeals Board of the U.S. Patent and Trademark Office (PTO) declared a patent interference and made Forward the senior party in a ruling concerning dimethyl fumarate (DMF), sold by Biogen as Tecfidera to treat multiple sclerosis. According to Forward, the appeals board declared the interference between patent application 11/576,871 from Forward and U.S. Patent No. 8,399,514 from Biogen. Both patents cover use of 480 mg DMF daily to treat MS. With Forward as the senior party, Biogen has the burden of proof to show that it invented the technology before Forward.
Forward said either party can file a motion challenging the other’s IP; Forward expects the first motion in mid-2015. Biogen declined to comment on its legal strategy. Forward filed its patent application on Oct. 7, 2005, while Biogen filed its patent application on Feb. 8, 2007. Biogen’s ‘514 patent expires on Feb. 2, 2028. ...