Regeneron Moves to Terminate Celltrion IPR on Aflibercept Patent After Regeneron Files Statutory Disclaimer

Last week, Regeneron filed a motion to terminate IPR2023-00620, an IPR filed by Celltrion on February 28, 2023, seeking cancellation of claims 1-4 of Regeneron’s U.S. Patent No. 10,406,226 which is generally directed to methods of manufacturing VEG-F antagonists, including aflibercept.  Regeneron’s motion to terminate is based on Regeneron’s filing of a statutory disclaimer of all claims of the ‘226 patent.  The motion indicates that Petitioner Celltrion does not oppose the motion.  Previously, in response to other IPR petitions, Regeneron has disclaimed one of its formulation patents, U.S. Patent No. 10,957,231, one of its dosing regimen patents, U.S. Patent No. 10,857,205, as well as some claims from dosing regimen patent U.S. Patent No. 10,888,601.

Update:  On September 1, 2023, the PTAB denied institution of Celltrion’s IPR in response to Regeneron’s unopposed motion to terminate.