Legal Notebook: Catalyst’s Suit vs. FDA Is Tossed, Avonex Patent Invalidity Verdict Is Reinstated

Court finds US FDA did not impede Catalyst orphan exclusivity for Firdapse as it approved different indication for competing product. Biogen loses 10-year patent battle against competing multiple sclerosis drug makers.

Courthouse Pillars & Stairs
District court dismisses suit agaisnt FDA while appeals court reverses Biogen win in multiple sclerosis drug patent dispute • Source: Shutterstock

Courts issued two notable decisions this week in pharma cases. In one dispute, the US Food and Drug Administrative prevails in its administrative split of a new drug application to meet Orphan Drug Act requirements. In the other, an appeals court appears to sink Biogen chances of winning royalties from a fellow innovator company marketing a competing multiple sclerosis drug.

A district court dismissed Catalyst Pharmaceuticals, Inc.’s complaint against the US Food and Drug Administration, finding that the agency...

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