On February 11, 2026, Regeneron and Samsung Bioepis dismissed Case Nos. 1:23-cv-00094 (N.D.W. Va.) and 1:23-cv-00106 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W. Va.) due to settlement. The preliminary injunction previously granted by the Court and affirmed by the Federal Circuit (previously reported Federal Circuit Affirms Preliminary Injunctions in EYLEA® Biosimilar Litigations Against Samsung Bioepis and Formycon) was also vacated. Under the settlement agreement, Samsung Bioepis can launch its EYLEA® (aflibercept) interchangeable biosimilar Opuviz™ (aflibercept-yszy) starting in January 2027.
Samsung Bioepis is the fifth company to settle an EYLEA® biosimilar litigation, following settlements for Yesafili™ (aflibercept-jbvf) in April 2025 (previously reported Regeneron and Biocon Settle Litigation over EYLEA® Biosimilar Yesafili™), Enzeevu™ (aflibercept-abzv) and Ahzantive® (aflibercept-mrbb) in September 2025 (previously reported Regeneron Settles Litigations with Sandoz and Formycon over EYLEA® Biosimilars Enzeevu™ and Ahzantive®), and Eydenzelt® (aflibercept-boav) in October 2025 (previously reported Regeneron Settles Litigations with Celltrion over EYLEA® Biosimilar Eydenzelt®).
The only pending EYLEA® biosimilar litigations are with Amgen over Pavblu™ (aflibercept-ayyh) (Case Nos. 1:24-cv-00039 (N.D.W. Va.) / 1:25-cv-00074 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W. Va.)). Amgen launched Pavblu™ at-risk in October 2024 (previously reported Amgen Launches Pavblu™ as the First EYLEA® Biosimilar in the U.S.), and recently reported $700 million in sales for 2025, with 21% quarter-over-quarter sales growth, as the only EYLEA® biosimilar on the market.
Regeneron reported EYLEA® U.S. sales of $2.75 billion in FY2025.
For more information on these and other biologic patent disputes, please visit BiologicsHQ.
_____________________________________________________
The author would like to thank April Breyer Menon for her contributions to this article.
