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Supreme Court Declines To Hear Acorda's Ampyra Patent Case

Lower court rulings cleared the way for generic versions of the MS drug

In the first ruling of its new term, the Supreme Court declined to hear Acorda Therapeutics’ appeal of a lower court’s decision to strike down four patents and allow generic versions of its multiple sclerosis drug, dalfampridine (Ampyra).

In September 2018, the U.S. Court of Appeals for the Federal Circuit refused to grant Acorda a restraining order to block other pharmaceutical companies from selling a generic version of Ampyra. Earlier that year, Acorda lost four of the five patents that shielded the drug from competition when a Delaware judge ruled against the company.

The patents covered how to treat patients with a medicine that was first identified more than 100 years ago. According to Bloomberg, dalfampridine, the active ingredient in Ampyra, was identified more than 100 years old and was first marketed as bird poison.

An Irish biotech company licensed the patent to Acorda, which is headquartered in Ardsley, N.Y., after failing to develop the drug in the 90s. 

Ampyra was the main driver of Acorda’s 2018 revenue, bringing in $471 million, according to Bloomberg. Reuters reported on Monday that sales of Ampyra dropped 67% to $84.7 million for the first half of 2019. 
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Sources: Reuters, Bloomberg, CNBC, Biospace, October 7 and 8

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