GLOBAL RESEARCH ARCHIVE
KOL IP Check In: Tafa Deal In-line, MRNA Likely Due Another $1.3b And ASND Poised To Prevail vs BMRN
Research evidence excerpt
KOL IP Check In: Tafa Deal In-line, MRNA Likely Due Another $1.3b And ASND Poised To Prevail vs BMRN
Court of Federal
Claims refused to approve Section 1498 defense where the Government paid for medical splints and
casts for patients participating in certain government programs stating that such products were bought
for the benefit of the patients and not the US Government. Overall, he sees 65% chance that MRNA will
have to pay the additional $1.3b, and he finds it "cavalier" that MRNA is not even taking reserves against
it (he is very surprised that the MRNA legal team concluded that such outcome is "not probable").
Should ultimately MRNA pay for the additional $1.3b this would be the largest IP settlement in the
history of Biopharma and the second-largest IP settlement in any industry. On BMRN challenging ASND's
IP on their drug for achondroplasia, our KOL notes no major update at the ITC level following April's
evidentiary hearing as transcripts and post trial briefs remain confidential (recall, preliminary ruling will
be August 21st, 2026 and final ruling will be December 21st, 2026). However, at the District Court level,
BMRN's failed attempt to stop ASND from launching the drug (Court essentially wants to see how the
ITC case plays out first) is a material setback for BMRN as a preliminary injunction is effectively off the
table and ASND will be able to launch their drug and get docs and patients acquainted to it. Overall,
our KOL continues to see ASND as having the upper hand and ultimately sees 60% chance that they will
ultimately prevail.
Vyndamax/Generics' 2031 Settlement Was Good News For Everyone - We hosted a patent attorney
to discuss the outcome of recent tafamidis patent disputes between PFE and Vyndamax generics
manufacturers.
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