Biogen chalks up a Tecfidera patent win in Europe after losing US protections

While Biogen’s attempts to resurrect a crucial Tecfidera patent in the U.S. floundered, the company is chalking up a win in Europe.

The European Commission has ruled that Biogen's multiple sclerosis drug Tecfidera will have market protections until February 2025, Biogen revealed in a filing.

This comes after a March decision from the EU’s Court of Justice that went in Biogen’s favor and blocked generic versions of Tecfidera. The appeal ruling made the drug entitled to European market protections through at least February 2024, which Biogen swiftly sought to enforce against would-be generic rivals.

Meanwhile in the U.S., Biogen took its Tecfidera patent case all the way to the Supreme Court after a court ruled the patent invalid in 2020. The patent was originally slated to expire in 2028 until a district judge decided in Viatris’ favor, agreeing with the argument that Biogen didn’t adequately describe its invention.

With that, Viatris’ generic was cleared to launch in August 2020. After losing on appeal, Biogen turned to the Supreme Court in a last-ditch attempt, but that effort didn't pan out.

Tecfidera sales quickly sputtered after the generic launch. The med's 2021 sales came in at $1.95 billion after reaching $3.84 billion the previous year. In 2022, Tecfidera pulled in $1.4 billion.

The company recently trimmed down its multiple sclerosis team amid the generic pressure, The Boston Business Journal reported last month.