Regeneron Wins Patent Case to Extend Eylea Protection

A West Virginia judge ruled that Viatris' proposed biosimilar violates a Regeneron patent that covers ophthalmic formulations of Eylea, according to news reports. The patent is expected to expire in June 2027.

Viatris’ Mylan unit was the first to file for an Eylea biosimilar in 2021. Regeneron sued Mylan in August 2022, claiming that a proposed copy of Eylea infringed on the “11,084,865” patent, according to Endpoints News. The Regeneron suit argued that the proposed biosimilar steps on 24 of its patents. The complaint was later trimmed to three, according to Bloomberg.

Last week, the US District Court for the Northern District of West Virginia ruled that Mylan—which merged with Upjohn to become Viatris—infringed on multiple claims of the ‘865 patent. However, on two other patents that are set to expire in 2032, the judge “delivered a more mixed verdict,” as Jefferies analysts described it, ruling that Mylan demonstrated some of those claims are invalid, Endpoint News noted.

Viatris has since offloaded its biosimilars unit to Biocon Biologics in a $3.33 billion cash-and-stock deal.