Biogen’s Royalty Payments On Tecfidera Still Hinge On Question Of Patent Timing
Executive Summary
$1.25bn settlement with Forward ensures Biogen will retain its MS product, but firm could end up paying more, depending on how courts come down on question of who filed first; as a practical matter Forward filed its US patent application for dimethyl fumarate first, but Biogen contends it began developing the active ingredient first, making it the effective first filer.