On November 19, Wilson Sonsini Goodrich & Rosati secured another win for Mylan as the U.S. Court of Appeals for the Federal Circuit invalidated two Sanofi patents relating to Sanofi’s Lantus vial product, upholding December 2018 decisions from the Patent Trial and Appeal Board (PTAB).  In a 2-1 opinion, the majority determined that the PTAB’s findings were detailed and well supported by substantial evidence.  The Federal Circuit’s decision clears the legal hurdle towards marketing of Mylan’s proposed insulin glargine vial product.

Lantus is a prescription medicine used to treat adults with type 2 diabetes and adults and pediatric patients with type 1 diabetes for the control of high blood sugar, with the vial product having sales of approximately $1.82B for the 12 months ending September 30, 2019. The two formulation patents had been set to expire in 2023.

The Wilson Sonsini team representing Mylan in these matters includes Of Counsels Ellie Steiner, Rick Torczon, Lori Westin, and Lora Green; and associates Art Dykhuis and Adam Burrowbridge.

Please see the Federal Circuit’s opinion for more information.