RMMS Notches Additional IPR Victories Related To Aflibercept Dosing Patents

January 19, 2024 | Biologics PTAB

RMMS recently secured two more favorable rulings on behalf of its clients, Biocon Biologics, Inc. and Mylan Pharmaceuticals Inc., in connection with inter partes review (IPR) proceedings relating to Regeneron Pharmaceuticals, Inc.’s retinal-disease biologic Eylea® (aflibercept).

On January 9, 2024, the U.S. Patent Trial and Appeal Board (PTAB) entered a Final Written Decision in two IPRs finding unpatentable all challenged claims in two of Regeneron’s aflibercept (Eylea®) method of treatment dosing regimen patents (U.S. Patent Nos. 10,130,681 (IPR2022-01225) and 10,888,601 (IPR2022-01226)).  More specifically, the PTAB determined that all challenged claims of the ‘681 and ‘601 patents are unpatentable as anticipated under 35 U.S.C. § 102.  This follows on the heels of two additional successful IPR challenges to patents in the same patent family, reported last year (U.S. Patent Nos. 9,254,338 and 9,669,069).

Deanne M. Mazzochi and Neil B. McLaughlin argued on behalf of Petitioner Mylan before the PTAB.  RMMS also represents Biocon in connection with additional pending IPRs challenging the patentability of additional claims in the same patent family, including challenges to additional claims in the ‘601 patent, and a challenge to all claims of U.S. Patent No. 11,253,572.  In related Federal Court litigation, RMMS represents Mylan and Biocon in BPCIA litigation pending in the U.S. District Court for the Northern District of West Virginia, where RMMS recently secured on behalf of their clients findings of invalidity for all asserted claims of the ‘601 and ‘572 patents.

Additional members of the RMMS team representing Mylan and Biocon in the IPRs and litigation include William A. Rakoczy, Paul J. Molino, Heinz Salmen, Eric R. Hunt, Lauren M. Lesko, Katie A. Boda, Scott Beall, Thomas H. Ehrich, Steven J. Birkos, AJ Varon and Jake R. Ritthamel.

About RMMS 

Headquartered in Chicago, RMMS is a full-service litigation and intellectual property law firm with over 30 attorneys devoted to litigation and counseling in life sciences, engineering and other complex technologies, including specialty practice in the field of patent and regulatory counseling and litigation under the Hatch-Waxman Act, the Medicare Prescription Drug, Improvement, and Modernization Act (MMA), and the Biologics Price Competition and Innovation Act (BPCIA).