Biogen, Inc. (NASDAQ/BGEN) today announced that Judge Mark L. Wolf of the Federal District Court for the District of Massachusetts has entered final judgment in favor of Biogen and against Berlex that Biogen’s AVONEX® (Interferon beta-1a) product does not infringe any of the claims of either of the “McCormick” patents held by Berlex Laboratories, Inc. (U.S. Patent Nos. 5,376,567 and 5,795,779). The District Court case has been dismissed as a result of today’s ruling.
Biogen markets AVONEX, the world’s leading drug for treatment of multiple sclerosis. Berlex markets a competing interferon beta product. The McCormick patents relate to methods of producing interferon beta products.
James C. Mullen, Biogen’s President and Chief Executive Officer, said, “We are pleased that Judge Wolf has agreed with Biogen’s position that AVONEX does not infringe any of the claims of the so-called “McCormick” patents.”
In addition to historical information, this press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Reference is made in particular to forward-looking statements regarding final resolution of litigation. These statements are based on the Company’s current beliefs and expectations as to such future outcomes. Factors which could cause actual results to differ materially from the Company’s current expectations as to such future outcomes include the risk that future determinations or decisions adverse to the Company will be made on appeal, if any.
Biogen, Inc., winner of the U.S. National Medal of Technology, is a biopharmaceutical company principally engaged in discovering and developing drugs for human healthcare through genetic engineering. Headquartered in Cambridge, MA, the Company’s revenues are generated from U.S. and European sales of AVONEX® (Interferon beta-1a) for treatment of relapsing forms of multiple sclerosis, and from the worldwide sales by licensees of a number of products, including alpha interferon and hepatitis B vaccines and diagnostic products ( Prescribing Information ). Biogen’s research and development activities are focused on novel products for multiple sclerosis, inflammatory, respiratory, kidney and cardiovascular diseases and in developmental biology and gene therapy. For copies of press releases and additional information about the Company, please consult Biogen’s Homepage on the World Wide Web at http://www.biogen.com.