For the second time in as many weeks, Biogen has prevailed in a high-stakes legal dispute over patents on its blockbuster multiple sclerosis treatment Tecfidera.
The U.S. Patent Trial and Appeal Board on Friday rejected a bid by Danish biotech Forward Pharma (Nasdaq: FWP) to invalidate the patents. A ruling in favor of Forward Pharma would have forced Biogen (Nasdaq: BIIB) to pay a 10 percent royalty on sales of Tecfidera beginning in 2021.
In January, Biogen agreed to pay Forward Pharma $1.25 billion to license the Danish company’s intellectual property. For the Cambridge drugmaker, the settlement was essentially an insurance policy against a potential loss in the case.