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US Court Grants Preliminary Injunction Preventing Launch of Celltrion’s Aflibercept Biosimilar

Jul 10, 2024

On 10 July 2024, the United States District Court for the Northern District of West Virginia made orders for a preliminary injunction restraining Celltrion from launching its CT-P42, biosimilar to Regeneron’s Eylea® (aflibercept), in the US without a licence from Regeneron.

The orders follow a decision of the Court on 28 June 2024, which found that Regeneron had satisfied the criteria for a preliminary injunction, including demonstrating that it was likely to succeed in proving at trial that CT-P42 infringes claims of Regeneron’s US patent 11,084,865 (ophthalmic formulations of a VEGF antagonist).

Celltrion filed an appeal from the preliminary injunction order on 12 July 2024.  Celltrion’s NDA for CT-P42 was filed with the FDA in June 2023.

In June 2024, the same Court also granted preliminary injunctions regarding US aflibercept biosimilars against Samsung Bioepis (14 June 2024; OpuvizTM/SB15 (aflibercept) approved May 2024) and Formycon (21 June 2024; Ahzantive®/FYB203 (aflibercept) approved June 2024).  A permanent injunction was granted against Biocon (11 June 2024; YesafiliTM approved May 2024).  Appeals are pending in relation to each of these injunctions.