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PTAB Upholds Patent on Biogen’s MS Drug
The Patent Trial and Appeal Board sided with Biogen in Mylan’s patent challenge over Biogen’s multiple sclerosis drug Tecfidera (dimethyl fumarate).
Mylan argued that the patent, aimed at methods of treating multiple sclerosis patients with dimethyl fumarate, was invalid on the grounds that someone with knowledge of prior art would have used the method to optimize dosage.
However, PTAB disagreed, finding that Mylan “has not shown, by a preponderance of the evidence, that [the] challenged claims… are unpatentable.” The decision leaves Mylan’s planned generic on hold until the patent expires in 2028.
Mylan is currently challenging the validity of the patent on different grounds in the District Court of West Virginia and said it “plans to pursue all available options for appeal.”