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Legal Matters (Tables)
9 Months Ended
Sep. 30, 2024
Commitments and Contingencies Disclosure [Abstract]  
Schedule of Loss Contingencies by Contingency
Post-Grant Proceedings Before USPTO
Company Patent(s)
Challenger(s)
Type of Challenge
Date of Challenge
Latest Events/Current Status
U.S. Patent Nos. 9,254,338 (the "'338 Patent") and 9,669,069 (the "'069 Patent")
Mylan Pharmaceuticals Inc., joined by Apotex Inc. and Celltrion
IPR petitions seeking declarations of invalidity
May 5, 2021
On November 9, 2022, the USPTO issued final written decisions finding that the challenged claims of the '338 and '069 Patents are unpatentable and, therefore, invalid.

On January 10, 2023, the Company filed notices of appeal of these decisions to the United States Court of Appeals for the Federal Circuit (the "Federal Circuit"). On July 9, 2024, the Company's appeal was voluntarily dismissed.
U.S. Patent Nos. 10,130,681 (the "'681 Patent") and 10,888,601 (the "'601 Patent")
Mylan, joined by Celltrion ('601 and '681 Patents) and Samsung Bioepis Co., Ltd. ('601 Patent)
IPR petitions seeking declarations of invalidity
July 1, 2022

On January 9, 2024, the USPTO issued final written decisions finding that that the challenged claims of the '681 and '601 Patents are unpatentable and, therefore, invalid.

On March 12, 2024, the Company filed notices of appeal of these decisions to the Federal Circuit. On August 20, 2024, the Company's appeal was voluntarily dismissed.

Samsung Bioepis, joined by Biocon Biologics Inc. ('601 Patent)
IPR petitions seeking declarations of invalidity
January 6, 2023 ('681 Patent)

March 26, 2023 ('601 Patent)
On July 19, 2023 and October 20, 2023, the USPTO instituted IPR proceedings concerning the '681 Patent and the '601 Patent, respectively.

On June 14, 2024, the USPTO issued a final written decision finding that the challenged claims of the '681 Patent are unpatentable and, therefore, invalid.
U.S. Patent No. 11,253,572 (the "'572 Patent")
Samsung Bioepis
IPR petition seeking declaration of invalidity
April 27, 2023
On November 17, 2023, the USPTO instituted IPR proceedings concerning the '572 Patent. On July 11, 2024, the Company filed a Notice of Disclaimer with the USPTO, disclaiming all claims of the '572 Patent.
Post-Grant Proceedings
Authority/Court
Company Patent(s)
Challenger(s)
Type of Challenge
Date of Challenge
Latest Events/Current Status
EPO
European Patent No. 2,944,306 (the "'306 Patent")Anonymous partiesOpposition proceedingsOctober 26 and October 27, 2021
Oral hearing scheduled for November 2024
EPO
European Patent No. 3,716,992 (the "'992 Patent")
Amgen and three anonymous partiesOpposition proceedings
May 5–10, 2023
Oral hearing to be scheduled
EPOEuropean Patent No. 3,384,049 (the "'049 Patent")
Amgen and anonymous parties
Opposition proceedings
April 22–30, 2024
Oral hearing to be scheduled
German Federal Patent Court
German designation of European Patent No. 2,364,691 (the "'691 Patent")Samsung Bioepis NL B.V.Invalidation proceedingsJune 22, 2023
Trial has been scheduled to begin in June 2025
High Court of Justice of England and Wales
United Kingdom designations of the '691 Patent and '306 Patent
Formycon AG and Klinge Biopharma GmbH
Invalidation proceedings and declaration of non-infringement by challengers' aflibercept 2 mg biosimilar
April 18, 2024
Trial has been scheduled to begin in June 2025
Amgen
Invalidation proceedings and declaration of non-infringement by challenger's aflibercept 2 mg biosimilar
September 11, 2024
Trial has been scheduled to begin in June 2025
Samsung Bioepis UK Limited
Invalidation proceedings and declaration of non-infringement by challenger's aflibercept 2 mg biosimilar
October 2, 2024
Trial has been scheduled to begin in June 2025
High Court of Justice of England and Wales
United Kingdom designation of the '992 Patent
AmgenInvalidation proceedingsMay 13, 2024
Stayed pending final resolution of the '992 Patent EPO opposition proceedings listed above
District Court of The Hague, the NetherlandsDutch designation of the '691 Patent and '306 PatentSamsung Bioepis NL B.V.Invalidation proceedings
July 17, 2024
Trial for both patents has been scheduled for July 18, 2025
High Court of Justice of England and Wales
United Kingdom designation of the '992 Patent
Samsung Bioepis UK Limited
Invalidation proceedings
July 24, 2024
Stayed pending final resolution of the '992 Patent EPO opposition proceedings listed above
Judicial Court of Paris
French designation of the '691 Patent and '306 PatentFormycon AGInvalidation proceedings and declaration of non-infringement by challenger's aflibercept 2 mg biosimilarAugust 19, 2024
Trial to be scheduled
Set forth below is a summary of patent infringement lawsuits filed by the Company and, as applicable, Bayer Consumer Care AG before the Seoul Central District Court based on allegations that the making, constructing, using, or selling of an aflibercept 2 mg biosimilar by the relevant defendant(s) would infringe one or more claims of the Company's patents listed below.
Company Patent(s)
Defendant(s)
Relief Sought
Date of Action
Korean Patent No. 659477 (the "'477 Patent")
Samsung Bioepis Co., Ltd. and its parent company Samsung Biologics Co., Ltd.
Damages
January 16, 2023
Sam Chun Dang Pharm. Co., Ltd. and OPTUS Pharmaceutical Co., Ltd
Damages
January 8, 2024
'477 Patent, '811 Patent, and Korean Patent No. 2519234 (the "'234 Patent")
Celltrion Inc.
Damages and injunctive relief
January 10, 2024
'811 Patent and '234 Patent
Sam Chun Dang Pharm. Co., Ltd. and OPTUS Pharmaceutical Co., Ltd
Damages and injunctive relief
May 8, 2024
Samsung Bioepis Co., Ltd., its parent company Samsung Biologics Co., Ltd., and Samil Pharmaceuticals Co., Ltd
Injunctive relief
May 14, 2024
'811 Patent
Samsung Bioepis Co., Ltd., its parent company Samsung Biologics Co., Ltd., and Samil Pharmaceuticals Co., Ltd.
Injunctive relief
July 30, 2024
Celltrion Inc. and Kukje Pharmaceuticals, Inc.
Injunctive relief
July 30, 2024