Earlier this week, Forward Pharma, a Danish biopharmaceutical company, announced that the U.S. Court of Appeals for the Federal Circuit upheld the decision of the Patent Trial and Appeal Board validated two patents covering Tecfidera (dimethyl fumarate), Biogen’s multiple sclerosis (MS) drug.

Dr. Claus Bo Svendsen, CEO of Forward commented, “We are disappointed with the Federal Circuit’s decision to affirm the decision of the PTAB. As we have indicated throughout the appeal process, under the Settlement and License Agreement with Biogen, a positive outcome from the Interference after exhaustion of all appeals is among the conditions that must be satisfied for future royalties from the net sales of Tecfidera in the United States to be payable to Forward.”

Forward expects to reduce operating expenses to match the current situation, and is currently considering further options and responses to the decision. The appeal of the decision in the European EP2801355 patent opposition is progressing as planned.

Last year, Biogen had agreed to pay $1.25 billion to Forward Pharma in exchange for an irrevocable license to all of the Forward’s intellectual property. 

Tecfidera was approved in the U.S. in 2013 for use in patients with MS and then by European regulators the following year.

(Source: GlobeNewswire)