Regeneron v. Mylan, appeal nos. 2024-2058, 2024-2147 (Fed. Cir., March 5, 2025) is the most recent appeal in a long line of Hatch-Waxman suits filed by Regeneron to block generic versions of its VEGF antagonist (or “trap”) EYLEA®, that is a used to treat angiogenesis in the eye. Regeneron’s asserted patent, U.S. Patent No. 11,084,865 is part of a large family of continuations, one of which also includes U.S. Patent No. 9,340,594. The ‘594 patent expired in 2021 and was argued to be a reference patent that rendered the later-issued ‘865 patent invalid for obviousness-type double-patenting (“ODP”).
The central argument…
