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| (Source: Regeneron) |
Samsung Bioepis has filed a fresh legal challenge to invalidate a South Korean patent held by Regeneron Pharmaceuticals related to VEGF inhibitor formulations used in ophthalmic treatments.
In November 2024, Bioepis filed an appeal with the Korean Patent Court seeking to overturn a prior ruling by the Korean Intellectual Property Trial and Appeal Board (IPTAB), which had rejected its request to nullify claims 1 through 11 of Regeneron’s Korean patent KR1406811, titled “VEGF Antagonist Formulations Suitable for Intravitreal Administration.” The original invalidation trial, filed in December 2022, ended in partial dismissal and rejection by IPTAB in October 2024.
The challenged patent describes stable formulations of VEGF-specific fusion protein antagonists for intravitreal injection, including both liquid and lyophilized versions.
Samsung Bioepis previously attempted to invalidate another Regeneron patent in Korea — KR1131429, covering VEGF traps and their therapeutic uses — but that effort was also rejected by IPTAB in November 2024. Bioepis did not appeal that decision. The ’429 patent, originally filed in 2005, is no longer in force.
Samsung Bioepis is also pursuing a parallel invalidation proceeding in the U.S. In November 2024, the company petitioned the Patent Trial and Appeal Board (PTAB) to review Regeneron’s U.S. patent No. 11,084,865, a family member of the Korean ’429 patent. The PTAB has not yet decided whether to institute the IPR.
▷Related Article: Samsung Bioepis Fails to Invalidate Regeneron Patents in S. Korea (2024. 12. 01.)
By PatenTrip
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