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Forward Pharma Faces Uphill Struggle Appealing Biogen's Tecfidera PTAB Win

Executive Summary

Forward Pharma is suspending all FP187 development pending the outcome of its legal interference appeal against Biogen – but analysts see little prospect of it overturning last month's decision that effectively allows Biogen's dimethyl fumarate-based drug Tecfidera to stay on the market with its own patent.

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Biogen's new CEO Michel Vounatsos has begun his tenure by taking out a $1.25bn "insurance policy" on MS drug Tecfidera by licensing Forward Pharma's patent portfolio, but the cost of the deal could spiral if the Danish firm wins a series of ongoing patent disputes with Biogen concerning Tecfidera and Forward Pharma's MS drug candidate FP187.

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$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.

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