N.D. Cal. Orders Biogen to Pay $88 Million in Post-Expiration Royalties to Genentech

By Andreia Tamashiro

After a mistrial in July 2025, the U.S. District Court for the Northern District of California issued a Rule 52 order on September 30, 2025, regarding Genentech, Inc. v. Biogen MA, Inc. The dispute involved the 2004 Non-Exclusive Cabilly Patent License Agreement and whether Biogen owed royalties on Tysabri, its multiple sclerosis drug, which was manufactured before the patent expired but sold afterward. The court ruled in favor of Genentech, holding that Biogen must pay royalties on those sales after expiration. Judgment was entered in favor of Genentech in the amount of over $88 million. For more information, click here.