Biogen Idec Inc. (BIIB) has filed a lawsuit against multiple drug makers, claiming their multiple sclerosis treatments infringe patents held by the Cambridge, Mass., biotechnology company.

The suit's claims are based on a patent issued in September covering the use of beta interferon, including its popular Avonex drug, for the treatment of MS.

The complaint covers other beta interferon products sold to treat MS: Rebif, sold by Pfizer Inc. (PFE) and EMD Serono, a unit of Germany's Merck KGaA (MKGAY, MRK.XE); Bayer AG's (BAYRY, BAY.XE) Betaseron; and Extavia sold by Bayer and Novartis AG (NVS, NOVN.VX). It was filed on Friday in the U.S. District Court in New Jersey.

Biogen is seeking a judgment that the defendants are violating its patent, as well as triple monetary damages including a royalty on the sales of the drugs and lost profits from previous sales. It is not seeking to have the competing drug taken off of the market.

"We did offer to license the patent to other manufacturers...but no agreement was reached," Biogen spokeswoman Christina Chan said. The companies did "have conversations," according to Chan, but she declined to comment further citing the continuing litigation.

Merck spokesman Gangolf Schrimpf said that the two companies have "clearly different views" on the patent infringement claims.

"We will discuss with Biogen about the merit of the case. Obviously we will also defend our position in court," he said.

A Bayer spokeswoman said the company will "vigorously defend itself" against the suit. A Novartis spokesman declined to comment, citing policy, and officials from Pfizer weren't immediately available.

Avonex, approved in 1996, brought in 2009 revenue of $2.3 billion for Biogen. The patent issued in September expires in 2026.

Betaseron was approved in 1993 in the U.S. and had global sales of about $1.4 billion last year. Rebif was approved in 2002 and had $1.9 billion in 2009 sales. Extavia came to the U.S. market just last year and had just $49 million in sales.

Multiple sclerosis is a chronic, inflammatory condition that can be disabling in advanced stages. It affects an estimated 400,000 people in the U.S.

The forms of beta interferon make up the most common treatments, but can cost more than $25,000 a year. There is no cure for the disease, but the drugs help to reduce relapses by toning down the body's immune system from attacking the nervous system.

-By Thomas Gryta, Dow Jones Newswires; 212-416-2169; thomas.gryta@dowjones.com
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