Alexion and Samsung Bioepis Settle Soliris® Biosimilar Patent Proceedings for Epysqli®

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On August 30, 2024, Alexion and Samsung Bioepis filed voluntary dismissals in all of their pending patent proceedings related to Soliris® (eculizumab) biosimilar Epysqli® (eculizumab-aagh), including Case No. 1:24-cv-00005 (D. Del.), CAFC Appeal No. 24-1829 (related to the denial of a preliminary injunction against the commercial launch of Epysqli®), IPR2023-00933 (U.S. Patent No. 9,732,149), IPR2023-00998 (U.S. Patent No. 9,718,880), IPR2023-00999 (U.S. Patent No. 9,725,504), IPR2023-01069 (U.S. Patent No. 10,590,189), and IPR2023-01070 (U.S. Patent No. 10,703,809).  All of the IPRs settled after institution.  The settlements come shortly after Epysqli®’s July 2024 FDA-approval as an interchangeable biosimilar (see FDA Approves Second Soliris® (eculizumab) Interchangeable Biosimilar – Samsung Bioepis’s Epysqli® (eculizumab-aagh)).  Terms of the settlement have not been announced by the companies.

These were the last pending patent proceedings related to a Soliris® biosimilar.  In 2020, Alexion settled with Amgen, granting a nonexclusive, royalty-free license as of March 1, 2025, or earlier under certain undisclosed circumstances, for its interchangeable biosimilar Bkemv™ (eculizumab-aeeb), which was FDA-approved in May 2024 (previously reported FDA Approves First Interchangeable Biosimilar of Alexion’s Soliris® (eculizumab) – Amgen’s Bkemv™ (eculizumab-aeeb)).  Currently there are no publicly disclosed pending aBLAs for additional Soliris® biosimilars.

AstraZeneca reported Soliris® 2023 worldwide sales of $3.145 billion USD.

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The author 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. Attorney Advertising.

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