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ARTICLE · 10 JANUARY 2024

Updates On Aflibercept BPCIA Litigation

The proposed schedule also provides dates for document discovery and depositions.

United StatesIntellectual Property

Emergency Motion for Entry of a PI Schedule Against Celltrion, Formcyon, and Samsung Bioepis

On December 28, Regeneron filed emergency motions for entry of a PI schedule in its aflibercept BPCIA cases against Celltrion, Inc., Formycon AG, and Samsung Bioepis ("Samsung"). Regeneron seeks a PI schedule to "ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024," when its regulatory exclusivity period ends. According to Regeneron's proposed schedule, its motion for preliminary injunction would be filed on February 22, 2024, briefing would be completed on April 18, 2024, and a hearing to take place the week of April 29, 2024. The proposed schedule also provides dates for document discovery and depositions.

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