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IPR Petition by Regeneron and Sanofi Fails 

Oct 4, 2017

In March 2017, Sanofi and Regeneron sought inter partes review of Immunex’s patent US8679487 on the grounds of lack of novelty, relying on a single alleged prior art publication.  The PTAB denied the institution of a review, deciding that the petitioners had not established a reasonable likelihood that they would prevail in showing the unpatentability of the patent.  This conclusion followed a finding that the patent was entitled to a priority date from before the publication of the prior art relied on.