US Appeal Court rules Ampyra patents invalid for multiple sclerosis.- Acorda Therapeutics

Acorda Therapeutics, Inc. announced that the United States Court of Appeals for the Federal Circuit, by a 2-1 vote, has upheld the United States District Court for the District of Delaware�s decision to invalidate four Ampyra patents for multiple sclerosis. This decision affirms the District Court�s ruling on March 31, 2017 invalidating U.S. Patent Nos. 8,663,685 (the �685 patent), 8,007,826 (the �826 patent), 8,440,703 (the �703 patent), and 8,354,437 (the �437 patent) pertaining to Ampyra (dalfampridine) Extended Release Tablets, 10 mg. Acorda�s U.S. Patent No. 5,540,938 (the �938 patent), previously upheld by the District Court, expired on July 30, 2018.

�We are disappointed by the Court�s decision, as we continue to believe that our Ampyra patents reflected true invention and were valid. We are reviewing the decision and will consider future options, including the possibility of a further appeal,� said Ron Cohen, M.D., Acorda's President and CEO. �Following the Court�s original decision in 2017, we prepared a contingency plan that we could face generic competition, implementing a comprehensive corporate restructuring and bolstering our balance sheet. As a result, we are well-capitalized and fully focused on the potential launch of Inbrija for Parkinson�s disease.�.

Comment: This decision will lead to generic companies having the opportunity to enter the market without a clear legal barrier.