US biotech company Biogen has won a patent challenge from Mylan over Tecfidera, Biogen’s patented treatment for relapsing MS. The small molecule drug is an immunomodulator and has been used to treat MS since 2013. It is Biogen’s top selling drug, bringing in over 30% of total revenue in 2019.

Biogen’s patent on Tecfidera (’514) is due to expire in 2028 and Mylan claimed that the patent is invalid, which would allow them to bring a generic drug to market. However, the Patent Trial and Appeal Board (part of the US Patent and Trademark Office) have ruled in Biogen’s favour, stating that Mylan did not sufficiently demonstrate their claim and dismissed the challenge.

Mylan have responded stating that the company strongly disagrees with the decision and will investigate grounds for appeal. ‘Mylan continues to believe, based on the law and the facts, that Biogen’s ‘514 patent is invalid and will continue its challenges in both the district court and the Federal Circuit to remove this patent from blocking generics competition to Tecfidera’, a spokesperson said.

This is more good news for Biogen, who recently resumed work on their Alzheimer’s drug aducanumab. Initial data from phase II trials indicated it would not meet the primary endpoint, however, new data with higher doses has shown an improvement in symptoms. As a result, the US Food and Drug Administration has approved a re-dosing study for patients enrolled on previous trials, which could begin in March 2020, and Biogen is preparing for the potential launch of the drug in the US.

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