RMMS recently secured two favorable rulings on behalf of its client, Mylan Pharmaceuticals Inc., in connection with inter partes review (IPR) proceedings relating to Regeneron Pharmaceuticals, Inc.’s retinal-disease biologic Eylea® (aflibercept).
On November 9, 2022, 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 patents (U.S. Patent Nos. 9,254,338 and 9,669,069). More specifically, the PTAB determined that all challenged claims of the ‘338 patent are unpatentable as anticipated under 35 U.S.C. § 102, and that all challenged claims of the ‘069 patent are unpatentable both as anticipated under 35 U.S.C. § 102 and obvious under 35 U.S.C. § 103.
Heinz J. Salmen and Neil B. McLaughlin argued on behalf of Mylan before the PTAB. RMMS also represents Mylan in connection with additional IPRs pending challenging the patentability of three other of Regeneron’s aflibercept method of treatment patents, as well as BPCIA litigation pending in the U.S. District Court for the Northern District of West Virginia.
Additional members of the RMMS team representing Mylan in the IPRs and litigation include William A. Rakoczy, Paul J. Molino, Deanne M. Mazzochi, Eric R. Hunt, Jeff A. Marx, Trang H. Lin, Lauren M. Lesko, Scott Beall, Thomas H. Ehrich, Steven J. Birkos, Katie A. Boda, AJ Varon and Jake R. Ritthamel.