Regeneron v. Mylan – Update On Aflibercept BPCIA Litigation

As we have previously reported, Regeneron's BPCIA case against Mylan regarding Mylan's proposed aflibercept biosimilar is proceeding on an expedited schedule, with a two-week trial scheduled to begin on June 12, 2023, in the Northern District of West Virginia.

On April 20^th, both parties filed motions for summary judgment. Regeneron requested summary judgment of non-obviousness on U.S. Patent No. 11,084,865, asserted by Regeneron. Mylan requested summary judgment with respect to certain aspects of Regeneron's infringement allegations regarding U.S. Patent Nos. 11,104,715 (which Regeneron recently stipulated to not assert at trial); 11,084,865; 10,888,601; and 11,253,572. On June 6^th, the Courtdenied both motions for summary judgment, finding that "genuine disputes regarding material facts exist in this case, to the extent that summary judgment for either party is inappropriate under Rule 56 of the Federal Rules of Civil Procedure." The Court further denied two