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Mylan’s counterclaims dismissed in Regeneron Eylea® litigation

Jun 6, 2023

The US District Court for the Northern District of West Virginia has granted Regeneron’s motion for judgment dismissing Mylan’s inequitable-conduct counterclaims regarding two Eylea® (aflibercept) patents (US patent nos. 10,888,601 and 11,235,572).  Chief Judge Thomas Kleeh also dismissed Mylan’s  second motion to amend its answer, defences, and counterclaims.   The case is set down for an expedited two-week trial on 12 June 2023.

In a separate judgment, the Court also denied motions for summary judgment filed by each of Regeneron and Mylan in April.  Regeneron requested summary judgment of non-obviousness in relation to its US patent no. 11,084,865.  Mylan sought summary judgment or partial summary judgment in its favour in relation to counts 12, 17, 18, and 21 of the complaint filed by Regeneron.  In relation to both requests, Chief Judge Kleeh found that genuine disputes regarding material facts existed to the extent that summary judgment for either party would be inappropriate.

Regeneron sued Mylan in West Virginia in August 2022, alleging infringement of various patents relating to Eylea®.  On 23 May 2023, Amgen filed a motion to intervene in the proceedings.