Biogen: Reversal Of Collateral Estoppel Ruling Controls New Appeal

Mealey's (February 24, 2021, 2:09 PM EST) -- WASHINGTON, D.C. — The maker of the multiple sclerosis (MS) drug Tecfidera in a Feb. 22 appellant brief argues that before deciding whether a federal judge in Delaware erred when ruling that a West Virginia federal judge’s finding of patent invalidity collaterally estops the patent owner from asserting its patent elsewhere, the Federal Circuit U.S. Court of Appeals should first determine whether the collateral estoppel ruling was proper....