Faculty in the News
In the News
Biogen sues MS drug makers, citing Avonex patent
Publication date: June 2, 2010
Source: Dow Jones News Wire
Author: Thomas Gryta
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An article by Dow Jones Newswires on the Biogen suit against multiple makers of multiple-sclerosis treatments quotes Andrew Torrance, associate professor of law.
Down Jones Newswires wrote:
Andrew Torrance, a law professor at the University of Kansas, noted that language in Biogen's complaint "appears to be inviting the Court to grant injunctions against the defendants to prevent further infringement."
Such a specific request might have been left out because it would be viewed as harsh to patients who use the drugs, he said.
The patent in question covers the drug's method of use, not the drug's composition. The method-of-use patent is becoming more common in the drug industry, is often the subject of lawsuits and can be "a strong hammer to hold over competitors," according to Aaron Kesselheim, a physician and faculty member at Harvard Medical School who also has a law degree.
The problem for the defendants in the Avonex case is that the patent is potentially enforceable from the date of filing, which was in May 1995, and it doesn't expire until 2026.
Dr. Torrance said such a practice is rarely used because a company must warn of the infringement, which can be complicated because pending patent claims tend to change as they are being reviewed.