PTAB instituted Celltrion’s IPR challenges to US 10,888,601 (decision here) and US 10,130,681 (decision here) and Samsung Bioepis’ IPR challenge to US 10,888,601 (decision here). PTAB also granted Celltrion and Samsung Bioepis’ motions to join these IPRs with the earlier IPRs filed against the same Regeneron patents by Mylan in July 2022 which were instituted in January 2023. Celltrion and Samsung Bioepis sought to join the Mylan IPRs in February 2023.
Note:
- The ‘601 and ‘681 patents are included in the Regeneron suit against Mylan in West Virginia, filed in August 2022, and the ‘601 patent is one of the six patents chosen by Regeneron to be determined at a 10 day trial in June 2023, 10 months after Regeneron filed its complaint.
- In January 2023, Celltrion filed a fourth IPR challenge to 10,464,992, which is yet to be instituted.
- Institution of Mylan’s challenge to 10,857,205 was recently denied after Regeneron disclaimed all claims of the patent.
- In 2022, PTAB invalidated Regeneron’s 9,254,338 and 9,669,069 for anticipation based on Mylan’s application for IPR.
- Earlier this month PTAB denied institution of the IPR filed by Apotexagainst Regeneron’s 11,253,572 patent relating to a method of treating an angiogenic eye disorder by administering a VEGF antagonist, including Eylea® (aflibercept).