US Supreme Court Turns Away Biogen's Last Effort To Reinstate Tecfidera Patent

The U.S. Supreme Court decided not to hear the case related to reinstating the patent of Biogen Inc's BIIB blockbuster drug Tecfidera.
The ruling clears the way for Viatris Inc VTRS to continue marketing its generic version of the drug, launched more than two years ago.
The justices turned away Biogen's appeal of a lower court's decision to invalidate the patent.
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Biogen sued Mylan, now part of Viatris, in West Virginia in 2017.
Reuters reported that Biogen said Mylan's proposed generic version of Tecfidera would infringe its patents. The U.S. District Judge Irene Keeley ruled in 2020 that a key Tecfidera patent was invalid. Mylan launched its generic that August.
The patent-focused U.S. Court of Appeals for the Federal Circuit upheld the judge's ruling in favor of Mylan in a 2-1 decision, finding that the patent's written description did not clearly outline its treatment method for multiple sclerosis.
The Federal Circuit decided 7-3 not to have all its judges hear the appeal after the three-judge panel's ruling.
Recently, Biogen reached a $900 million settlement with a whistleblower who accused the firm of paying doctors bribes to encourage them to prescribe its multiple sclerosis drugs.
Price Action: BIIB shares are down 0.89% at $264.63 on the last check Monday.