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ARTICLE · 30 OCTOBER 2018

Written Description: Picking And Choosing And Blaze Marks

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In a non-precedential decision issued by the U.S. Court of Appeals for the Federal Circuit (FWP IP APS v. Biogen MA, Inc., October 24, 2018 ...

United StatesIntellectual Property
Daniel J. Pereira
Daniel J. Pereira
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In a non-precedential decision issued by the U.S. Court of Appeals for the Federal Circuit (FWP IP APS v. Biogen MA, Inc., October 24, 2018, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2109.Opinion.10-24-2018.pdf), the Court was tasked with reviewing a PTAB decision of an interference between the named parties.

At issue were claims that Forward Pharma (a.k.a. FWP IP APS) “copied” to provoke an interference with Biogen relating to the treatment of multiple sclerosis (MS) with dimethyl fumarate (DMF) at a specific dosage (480 mg). While it is often the case in an interference the parties lobbed several bombs at each other, the PTAB focused on Biogen’s motion that Forward Pharma’s claims lack sufficient description and in ruling in Biogen’s favor on this motion, no other issues needed to be decided.

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