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Biogen loses appeal in patent dispute over multiple sclerosis drug (NASDAQ:BIIB)

Biogen (BIIB +3.1%) comes up empty in its appeal of a lower court ruling invalidating a key patent covering beta-interferon, its multiple sclerosis med branded as Avonex (interferon beta-1a).

It was seeking billions in royalties from Merck KGaA (OTCPK:MKGAY) related to its MS med Rebif (interferon beta-1a).

The U.S. Court of Appeals for the Federal Circuit ordered that the jury verdict invalidating the patent be reinstated. The trial judge in New Jersey has set aside the verdict and granted a new trial.

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