Appeals from and redacted memorandum and opinion in support of
judgment in Regeneron v. Mylan (aflibercept)
BPCIA case filed
As we previously reported, trial in Regeneron
Pharmaceutical, Inc.'s BPCIA case against Mylan
Pharmaceuticals Inc. and Biocon Biologics, Inc. (collectively,
“the Biocon Defendants”) regarding the Biocon
Defendants' proposed aflibercept biosimilar concluded on June
15, 2023 in the Northern District of West Virginia. On December 27,
2023, the court entered a public short form judgment in the litigation
finding certain claims of Regeneron's U.S. Patent No.
11,084,865 (the “'865 patent”) valid and
infringed and other patent claims invalid. On January 26, 2024,
both Regeneron and Biocon filed notices of appeal from the
court's judgment. On January 31, 2024, a redacted
313-page memorandum opinion and order following
bench trial was filed and made available to the public.
