On May 13, 2025, Biogen Inc. and Biogen MA Inc. (“Biogen”) filed a Complaint for Declaratory Judgment and Permanent Injunctive Relief against Neurimmune Holding AG and Neurimmune SubOne AG (“Neurimmune”) in the U.S. District Court for the District of Massachusetts. Biogen alleges that Neurimmune wrongfully attempted to “lay claim to proprietary technology that Biogen disclosed to Neurimmune under the terms of a confidentiality agreement.” The technology at issue relates to a bispecific antibody, which Biogen alleges “bind[s] both to the transferrin receptor (‘TfR’), which is expressed on the blood-brain barrier, and to Abeta plaques.” According to Biogen, “[a]myloid-beta (‘Abeta’) is a protein that, when accumulated in the brain, can lead to the formation of Abeta plaques that are believed to be a major contributor to Alzheimer’s disease.” The bispecific antibody at issue is a potential therapy for treatment of Alzheimer’s because, according to Biogen, its dual binding enables the antibody “to cross the blood-brain barrier via TfR-mediated transport and subsequently bind Abeta protein to reduce Abeta plaques.” According to Biogen, the antibody at issue is an “example of a potential therapy using Biogen’s Tissue-Enhanced Delivery Platform, which is a toolbox developed by Biogen to help molecules cross the blood-brain barrier.”
In 2007, the parties entered into a Collaboration Agreement (“the Agreement”) for the purpose of developing and commercializing certain anti-Abeta monoclonal antibodies. The Agreement was ultimately terminated, and Biogen alleges that the Agreement “did not confer to Neurimmune rights to Biogen’s other research, development, and commercialization work, such as Biogen’s work regarding the Biogen Therapeutic.” However, according to Biogen, in recent communications, Neurimmune asserted that the antibody is “covered by the 2007 Collaboration Agreement.”
Biogen seeks a declaratory judgment that the Agreement gives Neurimmune no rights, ownership, license, or other interest to the bispecific antibody at issue or Biogen’s Tissue-Enhanced Delivery Platform. Biogen also seeks a permanent injunction to enjoin Neurimmune from taking any actions inconsistent with Biogen’s requested declaratory judgment, and to enjoin Neurimmune from “disclosing to third parties or seeking to patent the Biogen Therapeutic or Biogen’s Tissue-Enhanced Delivery Platform.”
Stay tuned to Big Molecule Watch as we continue to monitor this litigation.