Washington, D.C. – Parker Poe Adams & Bernstein LLP is pleased to announce that its Life Sciences Industry Team recently prevailed in an appeal of a patent infringement lawsuit before the U.S. Court of Appeals for the Federal Circuit. The court affirmed the District of Delaware’s decision on a motion for judgment on the pleadings that Banner Life Sciences’ tentatively approved BAFIERTAM™ product did not infringe a Biogen patent during the patent’s extended term. BAFIERTAM™ was filed as a 505(b)(2) application referencing Biogen’s product Tecfidera®.
The ruling clears the way for Banner to proceed with its commercial strategy. BAFIERTAM™ will provide physicians and patients an additional treatment for relapsing forms of multiple sclerosis.
“We are pleased with the incredible job the Parker Poe team did,” says Banner’s Chief Legal Officer Claudia Harrington. “This ruling gives us and other pharmaceutical companies more certainty, helping us to refine our legal strategy to get products to market faster and treat more patients.”
The team at Parker Poe was led by Kyle Musgrove and collaborated across the firm’s Washington, D.C., Charlotte, and Atlanta offices. It included Scott Cunning, John Bateman, Elizabeth Crompton, Crystal Regan, and Vicki Burn.
This is the second win for Parker Poe in front of the Federal Circuit this month. Earlier in April, Robert Florence led a team that also won a patent lawsuit for a pharmaceutical client.
Parker Poe has been serving life sciences clients for more than 35 years. Today, the firm’s Life Sciences Team includes patent attorneys from Atlanta to Washington and represents some of the top pharmaceutical, biotechnology, and medical device companies in the world. It also regularly advises clinical laboratories, government and nonprofit research organizations, entrepreneurs, and scientists.
About Parker Poe
Parker Poe Adams & Bernstein LLP has more than 225 lawyers in eight offices in North Carolina, South Carolina, Georgia, and Washington, D.C. The firm provides legal counsel to many of the largest companies and local governments in the Southeast.
Parker Poe is a member of two leading international legal networks: TerraLex and the Employment Law Alliance. TerraLex and the ELA have chosen Parker Poe to help guide clients through the challenges of global business.