March 31 (Reuters) - A U.S. patent board on Friday ruled
against Danish drugmaker Forward Pharma A/S FWP.O , finding
Biogen's patents on its blockbuster multiple sclerosis drug
Tecfidera to be valid.
The ruling by the U.S. Patent Trial and Appeal Board (PTAP)
frees Bigoen Inc BIIB.O from future royalty payments to
Forward and sent the Danish firm's shares down nearly 20
percent. Biogen shares were up 1.4 percent.
The companies had been locked in a dispute over patents for
dimethyl fumarate, the key active ingredient in Tecfidera, the
leading oral MS treatment with sales of about $4 billion in
2016.
The PTAP ruling found Forward's written patent description
to be insufficient to declare infringement by Biogen.
Had Biogen lost it would have had to pay Forward a 10
percent royalty on Tecfidera sales starting in 2021.
Biogen's Tecfidera exclusivity is secured through 2028 under
the ruling.
Biogen in January had taken out something of an insurance
policy against a potential defeat in the patent dispute. It
agreed to pay Forward $1.25 billion to license the company's
patents covering multiple sclerosis drugs, giving Biogen a share
of Forward's intellectual property. urn:newsml:reuters.com:*:nL4N1F7447
(Reporting by Bill Berkrot; Editing by Tom Brown)
((bill.berkrot@thomsonreuters.com; 1 646 223 6030; Reuters
Messaging: bill.berkrot.thomsonreuters.com@reuters.net))
Keywords: BIOGEN FORWARD/PATENT