Yesterday we faced the next chapter in ALIUD/STADAPHARM vs. Biogen, returning to court in the dispute over EP 2 653 873, a patent protecting a daily oral dosage of 480 mg of dimethyl fumarate for the treatment of multiple sclerosis.

The Düsseldorf Higher Regional Court (OLG Düsseldorf) has now ruled in our favour: the preliminary injunctions issued in January 2025 were lifted in full. The court found serious doubts as to the validity of the patent. Parallel proceedings brought by Hexal and Glenmark Pharmaceuticals were decided the same way.

The case was led by Dr. Sarah Salaschek and Daniel Hoppe (BONABRY) and Dr. Thomas Kernebeck (Kernebeck Patentanwaltsgesellschaft) on behalf of ALIUD/STADAPHARM.

Many thanks as well to the fantastic teams at Gleiss Lutz (Matthias Sonntag and team), Kraus & Lederer (Patent Attorney Michael Best), and Taylor Wessing (Dr. Alexander Rubusch and team).

Earlier this year, the Regional Court of Düsseldorf had upheld the injunctions. In contrast, courts in the Netherlands declared EP 873 invalid and dismissed Biogen’s claims — a position now echoed by the Düsseldorf Court of Appeal.