The Federal Circuit has called on New York Attorney General Letitia James to provide input on a patent dispute over a multiple sclerosis (MS) drug. The appeal to James arises out of a challenge undertaken by Acorda Therapeutics. The company’s opposition to an existing arbitral award appears to raise questions regarding the constitutionality of New York’s voluntary payment doctrine.
As these challenges unfold, it has become clear that the role of the New York voluntary payment doctrine—an avenue for debt collection by acknowledging and voluntarily paying a debt—plays in the current patent dispute is under legal scrutiny.
Underlying these legal proceedings is Acorda Therapeutics’ new drug for multiple sclerosis. The nature of the dispute and its implications for the pharmaceutical sector, however, remain to be seen, depending on the Attorney General’s insight on the dilemma.
For additional details on the legal dispute, check this recent Law360 article.