Biogen Idec, Bayer, Merck KGaA, Novartis, Pfizer autoimmune news
Bayer filed suit against Biogen Idec in the U.S. District Court for the District of New Jersey alleging that Biogen Idec's U.S. Patent No. 7,588,755 is invalid and not infringed by Bayer's marketing of Betaseron interferon beta-1b to treat multiple sclerosis. The patent issued on Sept. 15, 2009, expires in September 2026, and covers immunomodulation and treatments using interferon-like polypeptides, including interferon beta and Biogen's Avonex interferon beta 1-a. Betaseron was approved by FDA in 1993. According to the complaint, Biogen offered Bayer a license to the '755 patent that included an 8-8.5% royalty on Betaseron sales. Bayer declined the license.
In its complaint, Bayer alleges that the '755 patent is invalid due to failure to comply with conditions of patentability, obviousness-type double patenting, failure to comply with the enablement and written description requirements, and/or is rendered obvious by prior art. Bayer is seeking attorney's fees and declaratory judgment that the patent is invalid. Betaseron sales were €1.2 billion ($1.8 billion) in 2009. Biogen reported 2009 sales of $2.3 billion for Avonex. ...