Acorda Therapeutics, Inc. challenged an arbitral award concerning patent royalties after the expiration of the '938 Patent. The Federal Circuit ruled that it did not possess appellate jurisdiction over the district court's decision. Acorda's request for modifying the award was based on patent law but included an alternative argument based on contract law, which conflicted and weakens the claim. The arbitration concluded that royalties were unenforceable following patent expiration and Acorda was awarded the recovery of post-expiration payments.
The Federal Circuit concluded that it lacked appellate jurisdiction to overturn the district court's decision regarding an arbitral award of patent royalties due to conflicting legal grounds.
Acorda Therapeutics, Inc. initiated arbitration to modify royalty payments on Ampyra following the expiration of the '938 Patent, but met refusal from Alkermes PLC.
The arbitration tribunal applied SCOTUS precedent, establishing the unenforceability of royalties on license agreements after the patent's expiration, awarding Acorda its requested recovery.
Acorda's obligation to pay an 18% royalty on net sales of Ampyra was initially based on licensing agreements with Alkermes covering the '938 Patent.
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