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Biogen Inc. (NASDAQ: BIIB) Securities Fraud Class Action

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COMPANY       Biogen Inc. 
COURT United States District Court for the District of Colorado
CASE NUMBER 24-cv-01444
JUDGE The Hon. Philip A. Brimmer
CLASS PERIOD  February 3, 2022 through February 13, 2024


If you have suffered losses and would like to discuss your rights, please fill out this form or you may contact Jonathan Naji, Esq. at (484) 270-1453 or via e-mail at

Case Background:

A class action lawsuit has been filed on behalf of those who purchased or acquired Biogen Inc. (“Biogen”) (NASDAQ: BIIB) securities between February 3, 2022 and February 13, 2024, both dates inclusive (the “Class Period”). 

The Class Period begins on February 3, 2022, when Biogen issued a press release announcing the company’s Q4 and FY 2021 results.  In its release, the company stated that it “continued to execute well in [Q4] despite the challenges we have faced,” and that “[w]e have introduced the first FDA approved treatment for [Alzheimer’s disease] in nearly 20 years, and we are engaging with the Centers for Medicare and Medicaid Services with the hope of finding a path for immediate patient access.”

Throughout the Class Period, Defendants made materially false and misleading statements regarding the company's business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (1) Biogen had overstated its efforts to enhance its transparency, corporate governance, and compliance controls and procedures, as well as the efficacy of those controls and procedures; (2) accordingly, Biogen maintained inadequate compliance controls and procedures in connection with its business operations in foreign countries; (3) Biogen and/or its employees were engaged in unlawful or otherwise improper conduct in several foreign countries; (4) the foregoing subjected the company to a heightened risk of governmental and/or regulatory scrutiny and enforcement action, as well as significant legal, financial, and reputational harm; (5) Biogen overstated the strength of its Alzheimer’s disease-related product portfolio, including the company's and Eisai's efforts and success in launching and providing access to Leqembi; (6) Biogen also downplayed the negative impact that the Reata Acquisition would have on its FY 2023 non-GAAP diluted EPS; (7) all the foregoing were likely to have a significant negative impact on Biogen's 2023 results; and (8) as a result, the company's public statements were materially false and misleading at all relevant times.

The truth began to emerge on November 8, 2023, when Biogen negatively revised its non-GAAP diluted EPS guidance for fiscal year 2023 in a range of $14.50 to $15.00 per share, significantly below its previous guidance of fiscal year 2023 non-GAAP diluted EPS of $15.00 to $16.00 per share, citing approximately $0.75 of dilution from its acquisition of Reata. On this news, the price of Biogen shares declined by $13.92 per share to close at $231.69 per share on November 8, 2023.

After several additional disclosures in January 2024 and early February 2024 which were followed by drops in Biogen’s stock price, the final truth was revealed on February 14, 2024, when Biogen disclosed in an SEC filing that it had received a subpoena from the DOJ “seeking information relating to [Biogen’s] business operations in several foreign countries” and that “[t]he Company is also providing information relating to [its] business operations in several foreign countries to the SEC.” On this news, Biogen’s stock price fell $5.91 per share, or 2.61%, to close at $220.74 per share on February 14, 2024.

What is a Lead Plaintiff?

A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Filling out the online form above or communicating with any counsel is not necessary to participate or share in any recovery achieved in this case.  Any member of the purported class may move the court to serve as a lead plaintiff through counsel of his/her choice, or may choose to do nothing and remain an inactive class member.

Complete this form with your transactions in Biogen Inc. securities between February 3, 2022 and February 13, 2024

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# of Shares
Price per Share
Principal Amount
Amount Paid
Series or CUSIP
# of Contracts
Price per Contract
Exercise Price
Expiration Date
Did you purchase shares of Biogen Inc. prior to the Class Period?
Are you a current or former employee of Biogen Inc. ?
The submission of this form does not create an attorney-client relationship, nor an obligation on the part of Kessler Topaz or you to file a lead plaintiff motion in this matter. Any information you submit will be maintained as confidential. If Kessler Topaz, in its sole discretion, believes that you might be an appropriate lead plaintiff candidate, Kessler Topaz will contact you to discuss the matter and whether to establish an attorney client relationship. By signing this form you are authorizing us to contact you regarding this case and/or future cases.
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