Morrison Foerster successfully defeated Biogen’s motion for a preliminary injunction for its client Sandoz, Inc. (Sandoz) in an ongoing patent infringement case for a multiple sclerosis (MS) treatment.
In 2019, Sandoz agreed with Polpharma Biologics SA to develop, globally supply, and sell a biosimilar, natalizumab, a widely used MS treatment. Sandoz sought U.S. Food and Drug Administration (FDA) approval in May 2022. Biogen sued, in September 2022, alleging patent infringement and filed a preliminary injunction bid to prevent the launch and sale of the Sandoz product. With Morrison Foerster’s help, Sandoz vigorously opposed.
On June 20, Judge Gregory B. Williams issued an order denying the injunction, finding Biogen failed to show irreparable harm or a likelihood of success on the merits. Sandoz can supply and sell its biosimilar natalizumab product following receipt of its pending FDA application.
The case is Biogen Inc. et al. v. Sandoz Inc. et al., Docket No. 1:22-cv-01190 (D. Del. Sep 09, 2022).
The patent litigation team is led by patent litigation partners Erik Olson (Palo Alto), Matthew Chivvis (San Francisco), and Aaron Fountain (Austin), with associates Rachel Dolphin (San Francisco), Evelyn Chang (Palo Alto), Wesley WL Chen (San Diego), Quinn Walker (Washington, D.C.), Theresa Tan (Palo Alto) and Chelsea Aylin Kehrer (Palo Alto) with support from others in the firm’s Washington, D.C. office.
