In Acorda Therapeutics, Inc. v. Alkermes PLC, the Federal Circuit held that it did not have appellate jurisdiction to review a decision by the district court in the Southern District of New York not to modify an arbitral award of patent royalties. Though the Appellant, Accorda Therapeutics, Inc., presented a first ground to modify the arbitral award based in patent law, its presentation of a second and alternative ground based on contract law effectively undermined the Federal Circuit’s appellate jurisdiction.

Background

Acorda Therapeutics, Inc. developed Ampyra—a treatment for patients with multiple sclerosis. Alkermes PLC owned U.S. Patent No. 5,540,938 (the “’938 Patent”), which covered a sustained-release formulation of the active ingredient in Ampyra.

Beginning in 1998, Acorda and

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