Samsung Bioepis, Celltrion and Formycon have filed responses to Regeneron’s Motion for Alternative Service in each of their respective matters before the United States District Court for Northern District Of West Virginia regarding biosimilars to Eylea® (aflibercept). Regeneron has sought authorisation to serve Samsung Bioepis, Celltrion and Formycon by email to their respective US counsel. All three defendants submit that they intend to file motions to dismiss their matters for lack of personal jurisdiction, without waiting for service, rendering the issue of service moot.
On 27 December 2023, the US District Court for the Northern District of West Virginia found that Mylan infringed or induced infringement of three Regeneron Eylea® (aflibercept) patents, with two of those patents were invalid for obviousness.