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Patent Owner Statutorily Disclaims Aflibercept Patent Challenged by Rothwell Figg Client Celltrion, Inc.

March 14, 2022

On March 14, 2022, Patent Owner Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a statutory disclaimer of all of the claims of U.S. Patent No. 10,857,231 following the filing of a Petition for Post-Grant Review by Celltrion, Inc. (“Celltrion”), who was represented by Rothwell Figg.
On behalf of Celltrion, Rothwell Figg filed a Petition for PGR challenging claims 1-11, 17-21, 27-32, 41-53, and 58-67 of the ’231 patent. The Petition challenged the claims of the ’231 patent for lack of written description, lack of enablement, indefiniteness, and obviousness. Prior to the issuance of an institution decision by the Patent Trial and Appeal Board, Regeneron statutorily disclaimed all of the claims (i.e., claims 1-114) of the ’231 patent, which included claims to formulations and methods of manufacturing liquid formulations of aflibercept—the active ingredient in Eylea®. As a result of Regeneron’s statutory disclaimer, the Patent Trial and Appeal Board issued a decision denying institution of the PGR on March 15, 2022 pursuant to 37 C.F.R. § 42.107(e).
Celltrion was represented in this case by Rothwell Figg attorneys E. Anthony Figg, Joo Mee Kim, Brett A. Postal, and Rachel Echols.