As we reported here, on June 9, 2017, Mylan filed two IPR petitions challenging Sanofi-Aventis’s U.S. Patent No. 7,476,652 (IPR2017-01528) and U.S. Patent No. 7,713,930 (IPR2017-01526), related to Sanofi’s Lantus® (insulin glargine injection).  Both petitions were instituted on December 13, 2017, as reported here.

On September 10, 2018, Mylan filed ten additional IPR petitions challenging five additional Sanofi patents related to pen-type injectors, U.S. Patent No. 8,603,044 (IPR2018-01675 and IPR2018-01676); U.S. Patent No. 8,679,069 (IPR2018-01670); U.S. Patent No. 8,992,486 (IPR2018-01677, IPR2018-01678 and IPR2018-01696); U.S. Patent No. 9,526,844 (IPR2018-01680, IPR2018-01682 and IPR2018-01696); and U.S. Patent No. 9,604,008 (IPR2018-01684).

Sanofi has asserted these five patents against both Mylan and Merck regarding their proposed follow-on insulin glargine products.  The suit against Mylan was filed in the District of New Jersey on October 24, 2017 (NJD-2-17-cv-09105-1).  A trial date has not yet been set in this case.  The suit against Merck was filed in the District of Delaware as reported here, and a week-long bench trial was held before Judge Andrews beginning on May 29, 2018, as reported here.  Judge Andrews has not yet issued a decision in this case.