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German Court Grants PIs Preventing Marketing of Aflibercept Biosimilars by STADA, Hexal, Celltrion and Advanz Pharma

Jan 8, 2026

On 8 January 2026, the Munich Regional Court granted Regeneron and Bayer preliminary injunctions (PIs) preventing STADA, Hexal, Celltrion and Advanz Pharma from marketing their aflibercept biosimilars in Germany and requiring them to recall any products already on the market.  According to a Juve Patent report, while the PI against STADA, Hexal and Celltrion is limited to Germany, the PI against Advanz covers 21 countries.

The Court’s rulings are based on Regeneron’s patent, EP 2 364 691, relating to a formulation of aflibercept, the active ingredient of Regeneron/Bayer’s Eylea®.

The biosimilars restrained by the PIs granted by the Court are as follows:

Celltrion has subsequently announced that it is “actively pursuing patent agreements” with Regeneron/Bayer in relation to aflibercept, including in Germany, in order to “quickly introduce the product to the market”.

The successful PI applications by Regeneron/Bayer in Germany follow a PI granted by the same German court in September 2025, with a permanent cross-border injunction granted in October 2025, preventing Formycon from launching its aflibercept biosimilar, FBY203 (Baiama®/Ahzantive®), in multiple European countries.  Formycon has lodged an appeal.

In November 2025, Alvotech succeeded in defending Regeneron/Bayer’s request for an injunction from the UK High Court to prevent UK manufacturing activities under the SPC waiver notice provisions in relation to Mynzepli® (AVT06) (aflibercept).  This ruling cleared the way for pre SPC expiry UK manufacturing activities to progress enabling the “day 1” (post SPC expiry) launch of AVT06 in the UK, Europe and other countries following the expiry of Regeneron’s SPC on European patent EP 1 183 353 (encompassing aflibercept) on 23 November 2025.