Forward Pharma Provides Update on the Decision of the Federal Circuit in its Appeal of the U.S. Patent Interference

Forward Pharma (NASDAQ:FWP) announced that the U.S. Court of Appeals for the Federal Circuit has affirmed the decision of the Patent Trial and Appeal Board in the interference proceeding between Forward’s U.S. Patent Application No. 11/576,871 and an issued Biogen patent.

As quoted in the press release:

“We are disappointed with the Federal Circuit’s decision to affirm the decision of the PTAB.  As we have indicated throughout the appeal process, under the Settlement and License Agreement with Biogen, a positive outcome from the Interference after exhaustion of all appeals is among the conditions that must be satisfied for future royalties from the net sales of Tecfidera^® in the United States to be payable to Forward,” said Dr. Claus Bo Svendsen, Chief Executive Officer of Forward.

Forward is currently considering its options and response to the decision. The appeal of the decision in the European EP2801355 patent opposition is progressing as planned and Forward continues to explore opportunities for cost optimisation to match the focused strategy.

Click here to read the full press release.