Regeneron Patents on Eylea to Be Reviewed on Mylan Challenge

The Patent Trial and Appeal Board will review the validity of Regeneron patents 9,669,069 and 9,254,338 to treat retinal diseases based on challenges filed by Mylan, now Viatris, according to status change notices on the board’s electronic docket.

• The review board said Mylan had a “reasonable likelihood” of winning its arguments that the patents are invalid
• Mylan, which is seeking to make a biosimilar of Eylea, contends the ‘338 patent “should have never issued” because it covers a dosing regiment that was already known while the ‘069 patent claims “are drawn to nothing more than a known, mental step ...