News

On April 2, 2026, Biocon filed a petition for post-grant review (“PGR”) challenging Regeneron’s U.S. Patent No. 12,168,036 (“the ’036 patent”), which is directed to methods for treating angiogenic eye disorders using high doses of VEGF receptor fusion proteins.

The petition, PGR2026-00039, seeks review of claims 1-38 of the ’036 patent and requests joinder with Alvotech’s previously filed PGR2025-00085, which was instituted by the PTAB without an opinion in March 2026. Biocon states that its petition is substantively identical to Alvotech’s petition, with modifications limited to party-specific information and procedural requirements.

The ’036 patent relates to formulations of EYLEA® (aflibercept) for treating angiogenic eye disorders, including age-related macular degeneration and diabetic macular edema. Biocon challenges the claims on multiple grounds, including obviousness and lack of written description under 35 U.S.C. § 112.

Alvotech’s PGR2025-00085 remains pending before the Board.

Regeneron reported EYLEA® U.S. sales of $2.75 billion and EYLEA® HD U.S. sales of $1.64 billion in FY2025.

For more information about these and other biosimilars, please visit BiologicsHQ.

_____________________________________________________

The authors would like to thank April Breyer Menon for her contributions to this article.


    Methodology

    Information contained in the Venable BiologicsHQ database relates to FDA-approved drug products listed in the CDER Purple Book or on the FDA website (www.fda.gov). Information relating to FDA licensed products, FDA-approved indications, and aBLA and 505(b)(2) applications is obtained from public sources including the U.S. FDA website (www.fda.gov). Information relating to litigations is given only for cases active from January 31, 2010 onward. Information relating to foreign biosimilar / biologics follow-on products approved in Australia, Canada, the E.U., Japan and South Korea is from public sources. Statistics graphics are compiled from information contained in the Venable BiologicsHQ database.

    Disclaimer

    The individuals who maintain this site work for Venable LLP. The information, comments and links posted on this site do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the site and/or the author. For legal advice, contact an attorney at Venable LLP or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the author; neither Venable LLP nor the author will assume any liability or responsibility for it. If you send any information, documents or materials to the site, you give permission for the author to include them on or in the site. No information, documents or materials you send to the site will be considered confidential or privileged by Venable LLP or its lawyers. Also, no such information, documents or materials will be returned to you. All decisions relating to the content belong to the author.

    Subscribe for Future Updates

      captcha