As anticipated, on Oct 28, 2020, Biogen asked the full Federal Circuit to revisit a panel decision that revived a jury verdict invalidating claims of a patent covering Biogen's Avonex (interferon beta-1a) for multiple sclerosis treatment.
Biogen had sued Serono for contributory and induced infringement of a patent directed to methods of treatment involving administering a recombinant polypeptide related to human interferon-β (IFN-β). A jury had found the claims anticipated by prior art references teaching the use of native IFN-β to treat viral diseases.
The district court overturned the jury verdict on anticipation, granting judgment as a matter of law of no anticipation and conditionally granting a new trial on the issue.
Earlier in September this year the U.S. Court of Appeals for the Federal Circuit (CAFC) had issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing New Jersey court’s judgment as a matter of law (JMOL) for Biogen and the conditional grant of a new trial, the CAFC had remanded the case, instructing the lower court to reinstate the jury verdict on anticipation.