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Viatris Celebrates As US Court Refuses Tecfidera Review

Originator Biogen Is ‘Disappointed With Decision’ And ‘Evaluating Next Steps’

 
• By Dave Wallace

Viatris has welcomed a decision by the US Court of Appeals for the Federal Circuit not to rehear litigation with Biogen over Tecfidera, after a split decision by the court last year confirmed a patent invalidity ruling that allowed generics to launch in 2020. Biogen told Generics Bulletin it was disappointed with the decision and is evaluating its next steps.

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The US Court of Appeals for the Federal Circuit has refused to rehear the litigation

Another option has been exhausted for Biogen in its continued pursuit of a reversal in US litigation over Tecfidera (dimethyl fumarate), after the US Court of Appeals for the Federal Circuit decided in a split ruling not to rehear litigation with Viatris. Biogen had petitioned the court for both a panel rehearing and a rehearing “en banc” before the entire bench.

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