USPTO declares interference in Tecfidera patent ruling

Forward Pharma A/S (Copenhagen, Denmark) said an appeals board of the U.S. Patent and Trademark Office declared a patent interference and made Forward the senior party in a ruling concerning dimethyl fumarate (DMF), sold by Biogen Inc. (NASDAQ:BIIB) as Tecfidera.

According to Forward, the PTO's Patent Trials and 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 of DMF daily to treat multiple sclerosis (MS). With the designation of Forward as the senior party, Biogen has the burden of proof to show that it invented the technology before Forward. ...