Patents. Law. Pharma.
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Can Regeneron defeat the PGR challenging its formulation patent for Eylea HD?
Regeneron perpetuated Eylea as a blockbuster by using its patents to block entry of lower-cost generics. When those patents neared expiration, Regeneron launched a new formulation covered by at least one patent, namely, Eylea HD. One of those patent only recently issued, but has already been challenged by at least one prospective generic in a Post-Grant Review (PGR) proceeding before the Patent Trial and Appeal Board of the Patent Office (PTAB). Will that challenge succeed?