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Mylan's Lantus Rival Faces Fresh Attack

Sanofi Tries To Stop Biosimilar Via Supreme Court PTAB Review

 
• By Brenda Sandburg

Sanofi seeks to delay decision clearing path for Mylan's Lantus biosimilar; says it should be able to get rehearing based on Federal Circuit's ruling that PTAB judges were not constitutionally appointed.

A law book with a gavel - Constitution
Sanofi Says Unconstitutional Status Of PTAB Judges Warrants Appeal of Lantus Ruling • Source: Shutterstock

A decision by the US Court of Appeals for the Federal Circuit that Patent Trial and Appeal Board (PTAB) judges were unconstitutionally appointed is continuing to have ripple effects, with Sanofi now arguing that it should be able to apply this ruling in appealing a finding that its Lantus (insulin glargine) patents are unpatentable. It plans to file a certiorari petition for US Supreme Court review of its argument.

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