In the recent interlocutory decision in Biogen v Pharmacor, the Federal Court has denied patentee Biogen a preliminary injunction to restrain generic manufacturer Pharmacor from selling a generic version of its successful multiple sclerosis drug, Tecfidera®. Key to Pharmacor’s success was its case that the term of Biogen’s patent was invalidly extended based on a claimed invention in the format “Substance X for use in treatment Y”.
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