On 12 March 2024, Regeneron filed notices of appeal in the United States Court of Appeals for the Federal Circuit challenging findings of the Patent Trial and Appeal Board (PTAB) that claims of two of its patents are invalid. The Regeneron patents at issue are 10,130,681 and 10,888,601 relating to methods of treatment using Eylea® (aflibercept).
As previously reported, the PTAB findings were made in inter partes review proceedings IPR2022-01225 and IPR2022-01226, commenced by Mylan in July 2022. PTAB held that all challenged claims of the two patents were anticipated by a prior art journal publication.