Merck Serono Wins Patent Dispute With Biogen
The US Court of Appeals for the Federal Circuit on Sept. 28 set aside a decision of the US district court of New Jersey in Newark, reversing the district court’s earlier decision in favor of Biogen in a damages claim against Germany’s Merck Serono (known as EMD Serono in North America).
In their reversal, the judges invalidated Biogen’s patent on interferon beta-1, which is the key ingredient in its Avonex brand multiple sclerosis drug and Merck Serono’s MS drug Rebif. The US biotech had sought billions of dollars in royalties for use of the substance.
The dispute dates back several years. In February 2018, a US lower court jury declared Biogen’s patent invalid, but a district court judge overturned this verdict, which Merck Serono’s parent Merck KGaA subsequently appealed.
The Darmstadt-based pharmaceuticals, chemicals and life sciences group had previously made a provision of €365 million in its balance sheet for the patent litigation. It now plans to adjust the provision, potentially returning a “’mid-to- high double-digit million sum” to its calculation of the financial result for 2020.
Author: Dede Williams, Freelance Journalist
