Stelara® Biosimilar Updates: Settlement of IPR and FDA Review of Proposed Biosimilar

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On March 4, 2024, the PTAB granted Biocon and Janssen’s joint motion to terminate IPR2023-01444 due to a settlement reached prior to an institution decision. The parties announced in a press release that their settlement and license agreement allows Biocon to commercialize Bmab 1200, its proposed biosimilar to Stelara® (ustekinumab), in the U.S. by February 2025, subject to FDA approval. This IPR was the last pending biosimilar patent proceeding related to Stelara®.

The press release also noted that the FDA has accepted the aBLA for Bmab 1200 for review. Currently, there are at least four other pending aBLAs for Stelara® biosimilars, including Alvotech and Teva’s AVT04, Celltrion’s CT-P43, Samsung Bioepis’s SB17, and Accord BioPharma’s DMB-3115.

For further discussion of IPR2023-01444, see Stelara® Biosimilar Updates: IPR Petition Challenging U.S. Patent No. 10,961,307 Filed and SB17 Settlement and Launch Date Announced — Venable’s BiologicsHQ.

Stelara® had U.S. sales of $7 billion in 2023.

We continue to monitor this aBLA. 

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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