In a sealed order that issued last week, the Court has granted a preliminary injunction against Samsung Bioepis in the aflibercept BPCIA litigation brought by Regeneron. Regeneron had limited its preliminary injunction motion to a single patent, U.S. Patent No. 11,084,865 (“’865 patent”), generally directed to an ophthalmic formulation with a vascular endothelial growth factor (VEGF) antagonist. A public version of the Court’s preliminary injunction order is not yet available. There is not yet any publicly available information regarding resolution of Regeneron’s motions for preliminary injunction against Celltrion and Formycon.
Meanwhile, briefing on Regeneron’s motion for a preliminary injunction against Amgen will not be completed until July 3, 2024. As with its motions against Celltrion, Samsung Bioepis, and Formycon, Regeneron’s motion against Amgen is also limited to the ‘865 patent.
Stay tuned to Big Molecule Watch for updates on this BPCIA litigation.