Biogen International GmbH and Biogen MA Inc. filed a complaint for patent infringement against Sandoz Inc. on June 30. Biogen accuses Sandoz of infringing U.S. Patent Nos. 6,509,376 (titled “Utilization of Dialkyfumarates”) 7,320,999 (titled “Dimethyl Fumarate for the Treatment of Multiple Sclerosis”), and 8,399,514 (titled “Treatment for Multiple Sclerosis”). All three patents relate to the treatment of multiple sclerosis.
The complaint alleges that Sandoz has filed an Abbreviated New Drug Application (“ANDA”) seeking FDA approval to manufacture, use, sell, offer to sell, and import generic dimethyl fumarate delayed-release capsules prior to the expiration of the asserted patents.
Biogen is represented by Kenzo Kawanabe, Richard P. Holme and Emily L. Wasserman of Davis Graham & Stubbs LLP, Denver, Colorado.
The complaint is available here.