Federal Circuit Transfers Case to Second Circuit for Lack of Jurisdiction to Review Decision Stemming from Arbitration

The U.S. Court of Appeals for the Federal Circuit did not have jurisdiction over Acorda Therapeutics, Inc.'s appeal concerning an arbitral award of $16,554,267. The CAFC transferred the case to the U.S. Court of Appeals for the Second Circuit after determining Acorda's petition to modify the award was outside its jurisdiction. Acorda had previously initiated international arbitration against Alkermes PLC over royalty payments for its multiple sclerosis drug. The arbitral tribunal awarded Acorda for payments made under protest but denied recoupment for payments made between 2018 and 2020.

The CAFC transferred the appeal to the U.S. Court of Appeals for the Second Circuit, ruling that Acorda Therapeutics, Inc.'s petition to modify an arbitral award was outside its jurisdiction.

Acorda Therapeutics, Inc. sought to modify an arbitral award of $16,554,267, claiming it no longer owed royalty payments to Alkermes after patent expiration.

Read at IPWatchdog.com | Patents & Intellectual Property Law