On April 5, Immunex (a wholly-owned subsidiary of Amgen) filed a complaint against Sanofi and Regeneron related to Sanofi and Regeneron’s Dupixent® (dupilumab) product, which received FDA approval last week. Immunex’s complaint was filed in the District Court for the Central District of California and asserts patent infringement and seeks a declaratory judgment of patent infringement of U.S. Patent 8,679,487.  Prior to receiving FDA approval, we reported that Sanofi and Regeneron filed their own declaratory judgment action in the District of Massachusetts seeking a declaration that the ’487 patent would not be infringed by their product.  Sanofi and Regeneron have also filed an IPR related to the ’487 patent.

The new case is Immunex Corporation v. Sanofi, Civil Action No. 2:17-cv-02613 (C.D. Cal.), and the complaint can be found here.