Regeneron’s Conduct Could Make Patent Unenforceable

Regeneron Pharmaceuticals Inc.'s conduct concerning a patent covering the use of genetically engineered animals in drug-development studies suggests a “troubling” pattern that could render the patent unenforceable, a federal district court said Aug. 6 (Regeneron Pharm., Inc. v. Merus B.V., S.D.N.Y., 1:14-cv-01650-KBF, 8/6/15).

Declarations from two individuals submitted to the U.S. District Court for the Southern District of New York prior to trial on Merus BV’s alleged infringement of Regeneron’s patents contradicted documents that had been wrongly withheld from Merus during discovery, Judge Katherine B. Forrest wrote.

This led to “one final determination, that Regeneron engaged in ...