IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re US. Patent Number: 7,374,758
`
`(Application No. 11/016,503)
`
`For: Modified Chimeric Polypeptides with
`Improved Pharmacokinetic Properties
`and Methods of Using Thereof
`
`Inventors: Papadopoulos, Davis and Yancopoulos
`
`RECEIVED
`
`Issued: May 20, 2008
`Assignee: Regeneron Pharmaceuticals, Inc.
`
`DEC 22221210“!
`T EXTE
`Lfiipi‘tTEOquLA
`
`Office of Patent Legal Administration (via hand delivery]
`Room MDW 7D55
`
`600 Dulany Street (Madison Building)
`Alexandria, VA 22314
`
`APPLICATION FOR' EXTENSION OF PATENT TERM UNDER 35 U.S.C. §156
`
`Dear Sir,
`
`Applicant, Regeneron Pharmaceuticals, lnc., hereby submits this application
`for extension of the term of United States Letters Patent No. 7,374,758 (the "’758
`patent") under 35 U.S.C. §156 and 37 C.F.R §1.740.
`
`Applicant represents that it is the assignee of the entire interest in and to the
`'758 patent by virtue of assignment of all rights of inventors Nicholas J. Papadopoulos,
`Samuel Davis and George D. Yancopoulos (Papadopoulos et al.) to Regeneron
`Pharmaceuticals, lnc., as recorded in the US. Patent and Trademark Office on
`
`December 17, 2004, Reel 016103, Frame 0015 (a copy of which is attached in
`Attachment A).
`
`65/89/8812 CKHLDK
`
`63888899 138658
`
`11916583
`
`81 FC:1457
`
`1129.8. DR
`
`\
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 1
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`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 1
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`

`

`U.S. Patent No. 7,374,758
`Papadopoulos, et al.
`Application Under 35 U.S.C. § 156
`
`Page 2
`
`This application is based on the approval by the United States Food and Drug
`Administration ("FDA") of a Biologics License Application (BLA No. BL 125387 /0) on
`November 18, 2011, for EYLEA TM (aflibercept intravitreal injection, also known as
`aflibercept IVT, aflibercept ophthalmic injection and aflibercept ophthalmic solution).
`
`1.
`
`Identification of the Approved Product under 37 C.F.R. §1.740 (a)(1)
`
`The name of the approved product is EYLEA™. The name of the active
`ingredient of EYLEA™ is aflibercept, also known as YEGF trap, VEGF-trap, YEGF Trap(cid:173)
`Eye and YEGF-TRAPRrn2. Aflibercept is a fusion protein consisting of (a) a vascular
`endothelial growth factor (VEGF) receptor component having immunoglobulin-like
`(lg) domains consisting of an lg domain 2 of a first YEGF receptor that is human Fltl
`and an lg domain 3 of a second VEGF receptor that is human Flkl; and (b) an Fe
`portion of human lgGl.
`
`2.
`
`Federal Statute Governing Regulatory Approval of the Approved Product
`under 37 C.F.R. §1.740(a)(2)
`
`The approved product was subject to regulatory review under, inter alia, the
`Public Health Service Act ( 42 U.S.C. § 201 et seq., including 42 U.S.C. §262(a)) and the
`Federal Food, Drug and Cosmetic Act (21U.S.C.§355 et seq.).
`
`3.
`
`Date of Approval for Commercial Marketing under 37 C.F.R. §1.740 (a)(3)
`
`EYLEA™ was approved for commercial marketing or use under §351 of the
`Public Health Service Act on November 18, 2011.
`
`4.
`
`(a)
`
`(b)
`
`Identification of Active Ingredient and Certifications Related to
`Commercial Marketing of Approved Product under 37 C.F.R. §1.740(a)(4)
`
`The active ingredient of EYLEA™ is aflibercept, which is a recombinant
`fusion protein consisting of a YEGF receptor component having lg domains
`consisting of an lg domain 2 of human Fltl and an lg domain 3 of human
`Flkl, fused to the Fe domain of human lgGl.
`
`Applicant certifies that aflibercept has not been approved for commercial
`marketing or use under the Federal Food, Drug and Cosmetic Act, the
`Public Health Service Act or the Virus-Serum-Toxin Act prior to the
`approval granted on November 18, 2011 to the present Applicant.
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 2
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`

`

`US. Patent No. 7,3 74,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 3
`
`(C)
`
`(d)
`
`Aflibercept has been approved for the treatment of patients with
`neovascular (wet) age—related macular degeneration. See EYLEATM product
`label, provided as Attachment B.
`
`EYLEAT“, whose active ingredient is aflibercept, was approved for
`commercial marketing pursuant to § 351 of the Public Health Service Act
`[42 U.S.C. §262) under Regeneron's existing Department of Health and
`Human Services (DHHS) U.S. License No. 1760. See EYLEA‘“ approval letter,
`provided as Attachment C.
`
`Statement Regarding Timeliness of Submission of Patent Term Extension
`Request [§ 1.740(a)(5)]
`
`Applicant certifies that this application for patent term extension is being
`submitted within the sixty (60) day period permitted for submission specified
`in 35 U.S.C. § 156(d)[1), [as amended on September 16, 2011), and 37 C.F.R.§
`1.720(0. The amended provisions of the America Invents Act state that the
`date on which a product receives permission is the next business day if
`permission is "transmitted after 4:30 P.M., Eastern Time, on a business day
`.
`.
`. ." Permission was transmitted at 5:47 P.M., Eastern Time, on Friday,
`November 18, 2011, a business day. The next business day is Monday,
`November 21, 2011. Accordingly, the last date on which this application may
`be submitted is January 19, 2012.
`
`Complete Identification of the Patent for Which Extension ls Being Sought
`[§ 1-740(a)(6)]
`
`The complete identification of the patent for which an extension is being
`sought is as follows:
`
`(a) Names of the inventors:
`
`Nicholas]. Papadopoulos, Samuel Davis and
`George D. Yancopoulos
`
`(b) Patent Number:
`
`US. Patent No. 7,374,758 (the “758
`patent”)
`
`(c) Date oflssue:
`
`May 20, 2008
`
`(d) Date of Expiration :
`
`January 17, 2021
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 3
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`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
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`

`

`U.S. Patent No. 7,374,758
`Papadopoulos, et al.
`Application Under 35 U.S.C. § 156
`
`Page 4
`
`7.
`
`Copy of the Patent for Which an Extension is Being Sought [§ 1.740(a) (7)]
`
`A copy of the '758 patent is provided as Attachment D to the present
`application.
`
`8.
`
`Copies of Disclaimers, Certificates of Correction, Receipt of Maintenance
`Fee Payment, or Reexamination Certificate [§ 1.740(a](8)]
`
`The '758 patent is subject to a terminal disclaimer, a copy of which is
`(a)
`attached in Attachment E.
`
`(b)
`
`No certificate of correction has been issued for the ’758 patent.
`
`(c)
`
`(d)
`
`The first maintenance fee for the ’758 patent was paid on November 14,
`2011 (See Attachment F).
`
`The '758 patent has not been the subject of a reexamination
`proceeding.
`
`9.
`
`Statement Regarding Patent Claims Relative to Approved Product
`[§ 1.740(a) (9)]
`
`The statements below are made solely to comply with the requirements of37
`CF R. § 1.740 (a)(9]. Applicant notes that, as the M.P.E.P. acknowledges, § 1.740 (a](9}
`does not require an applicant to show whether or how the listed claims would be
`infringed, and that this question cannot be answered without specific knowledge
`concerning acts performed by third parties. As such, these comments are not an
`assertion or an admission ofApplicant as to the scope of the listed claims, or whether or
`how any of the listed claims would be infringed, literally or under the doctrine of
`equivalents, by the manufacture, use, sale, ofl‘er for sale or the importation of any
`product
`
`At least the following claims of the '758 patent claim a method of using
`(a)
`the approved product: claims 1 and 2.
`
`(b)
`
`Pursuant to M.P.E.P. § 2753 and 37 C.F.R. § 1.740(a)(9), the following
`explanation is provided which shows how the above-listed claims of the
`'758 patent claim a method of using the approved product.
`
`{1)
`
`Description ofthe approved product
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 4
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`Mylan v. Regeneron, IPR2021-00880
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`

`U.S. Patent No. 7,374,758
`Papadopoulos, et al.
`Application Under 35 U.S.C. § 156
`
`Page 5
`
`The approved product is described as follows in the approved
`label for EYLEATM, a copy ofwhich is provided as Attachment B.
`
`EYLEA‘"I (aflibercept ophthalmic solution) is a recombinant
`fusion protein consisting of portions of human VEGF receptors 1 and 2
`extracellular domains fused to the Fc portion ofhuman lgGl and
`specially purified and formulated as an iso-osmotic solution for
`intravitreal administration. Aflibercept is a dimeric glycoprotein with a
`protein molecular weight of 97 kilodaltons (kDa) and is glycosylated,
`with the glycosylation constituting an additional 15% of the total
`molecular mass, resulting in a total molecular weight of 115 kDa.
`Aflibercept is produced in Chinese hamster ovary (CHO) K1 cells by
`recombinant DNA technology.
`
`EYLEATM is a sterile, clear, and colorless to pale yellow, iso-
`osmotic solution. It is supplied as a preservative—free, sterile, aqueous
`solution in a single-use, sterile, pre-filled, glass syringe or single-use,
`glass vial designed to deliver 0.05 mL (50 microliters) of EYLEATM [40
`mg/mL) with 10 mM sodium phosphate, 40 mM sodium chloride,
`0.03% polysorbate 20, and 5% sucrose, pH 6.2.
`
`Aflibercept is also described in Holash et al. Proc. Natl. Acad. Sci.
`USA , August 20, 2002, Vol. 99, No. 17, pp. 11393-11398 ("Holash,”
`Attachment G) as VEGF-Tramez, which has the lg domain 2 of VEGF
`receptor 1 (VEGFRl; also known as Flt-1) fused to the lg domain 3 of
`VEGF receptor 2 (VEGFRZ; also known as Flk-l), which in turn is fused
`to the constant region (Fc) of human IgGl. See paragraph bridging
`pages 11393 and 11394 and Figure 1A. Moreover, Holash et 0!.
`demonstrate that aflibercept is a VEGF antagonist that binds to and
`inhibits the biologic activity of human vascular endothelial growth
`factor (VEGF) in various in vitro and in vivo assay systems.
`
`(2)
`
`Explanation Regarding Claims 1 and 2 Relative to Aflibercept
`
`As explained below, a method for using aflibercept, the active
`ingredient of the approved product, is covered by claims 1 and 2.
`
`Claims 1 and 2 read as follows:
`
`A method ofinhibiting vascular endothelial growth factor
`1.
`(VEGF) activity in a mammal, comprising:
`administering a pharmaceutical composition to the
`mammal, wherein the pharmaceutical composition comprises
`(a) a VEGF antagonist, and
`
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`

`U.S. Patent No. 7,374,758
`Papadopoulos, et al.
`Application Under 35 U.S.C. § 156
`
`Page 6
`
`(b) a pharmaceutically acceptable carrier
`wherein the VEGF antagonist comprises a dimeric fusion
`polypeptide comprising two fusion polypeptides, each fusion
`polypeptide comprising:
`(i) a VEGF receptor component consisting of an
`immunoglobulin-like (lg) domain 2 of a first VEGF receptor
`human Fltl and lg domain 3 of a second VEGF receptor human
`Flkl or human Flt4; and
`(ii) a multimerizing component, wherein VEGF activity is
`inhibited.
`
`2.
`
`The method of claim 1, wherein the mammal is a human.
`
`Comparison ofaflibercept to Claim 1
`
`Aflibercept inhibits the activation of VEGF receptors by binding
`to VEGF and thus, is a VEGF antagonist as defined by claim 1. See
`section 12.1 of EYLEA™ label, provided as Attachment B, and as shown
`further, below. As noted above, alfibercept is a dimeric glycoprotein
`comprising recombinant fusion polypeptides, each of which consists of
`human VEGF receptors 1 and 2 extracellular domains fused to the Fe
`portion of human IgGL See section 11 of EYLEA™ label. Aflibercept
`includes an lg domain 2 from VEGFR1 fused to an lg domain 3 from
`VEGFR2 as described in Holash (See Attachment G, paragraph bridging
`pages 11393 and 11394 and Figure 1A). The '758 patent refers to
`VEGFR-1 as Fltl in column 25, line 57 and refers to VEGFR-2 as Flk1 in
`column 26, line 12. In addition, Holash discloses that VEGFR-1 is also
`known as Flt-1 and VEGFR-2 is also known as Flk-1. See Figure 1A of
`Holash. Thus, aflibercept has a VEGF receptor component consisting of
`an lg domain 2 of a first VEGF receptor human Flt-1 and an lg domain 3
`of a second VEGF receptor human Flk-1 as defined in claim 1.
`
`Holash further describes VEGFR1 and VEGFR2 on page 11393, in
`the second paragraph, as being "highly related transmembrane tyrosine
`kinases that use their ectodomains to bind VEGF." The disclosure of the
`Fltl and Flkl components in the approved product and the construction
`of the expression vector used in making the active ingredient in the
`approved product is discussed in the '758 patent in Example 20, column
`29, lines 41-56. The amino acid sequence of both the Flt1 and Flk1
`components of the approved product are disclosed in Figures 24A-24C.
`Fltl lg domain 2 spans amino acid residues 27 through 129 and Flkl lg
`domain 3 spans amino acid residues 130 through 231 of the fusion
`protein.
`
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`Page 6
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`

`

`US. Patent No. 7,374,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 7
`
`Aflibercept comprises the Fc domain of human lgGl fused to the
`extracellular domains from the VEGF receptors. See section 11 of
`EYLEATM label, provided as Attachment B. A "multimerizing
`component" ofthe fusion protein of claim 1 can comprise an
`immunoglobulin domain, such as the Fc domain of lgG. See col. 5, lines
`42-46 and col. 7, lines 25-30 of the '758 patent. Thus, aflibercept also
`includes a multimerizing component as defined in claim 1. The
`multimerizing component ofthe fusion protein, the Fc region of human
`lgG, is referenced throughout the ’758 patent. The disclosure of the Fc
`multimerizing component in the actual product is discussed in Example
`20, column 29, lines 41-56, and its amino acid sequence is disclosed in
`Figures 24A-24C, from amino acid residue 232 through 458.
`
`As described in Section 11 of the EYLEATM label (Attachment B),
`EYLEA‘“, the approved product, is a pharmaceutical composition
`comprising aflibercept (i.e. VEGF antagonist) and an iso-osmotic
`aqueous solution (i.e. pharmaceutically acceptable carrier). As
`explained above, aflibercept is a dimeric protein comprising two fusion
`polypeptides, each of which comprises a VEGF receptor component
`consisting ofan lg domain 2 ofa first VEGF receptor human Flt1 and lg
`domain 3 ofa second VEGF receptor human Flkl and a multimeriz‘ing
`component. Thus, the approved product is a pharmaceutical
`composition administered to a mammal according to the method of
`claim 1.
`
`Aflibercept thus meets all of the limitations of claim 1.
`
`Aflibercept inhibits VEGF activity, as shown in various Examples
`throughout the ‘758 patent.
`For example, aflibercept was able to block the ability of VEGF to
`activate its receptor in vitro. This was shown by the ability of
`aflibercept to block VEGF-induced VEGFR2 phosphorylation when
`added at a 1.5 fold molar excess when compared with added VEGF (See
`the '758 patent, Example 23, column 31, lines 21-67 and column 32,
`lines 1-10. See also Figure 25A-C and Figure 26A-B).
`Aflibercept was also effective in blocking VEGF-induced cell
`proliferation in cells engineered to express a chimeric VEGFR2 receptor,
`which mediates a strong cell proliferation response to VEGF in vitro
`(See the '758 patent, Example 24, column 32, lines 12-51 and also
`Figure 27).
`Furthermore, aflibercept was also effective in inhibition of tumor
`growth in mice (See the ’758 patent, Example 30, column 36, lines 48-
`67 and column 37, lines 1-8 and also Figure 40).
`The effect ofaflibercept was also studied in the female
`
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`

`US Patent No. 7,374,758
`Papadopoulos, et 01.
`Application Under 35 U.S.C.§ 156
`
`Page 8
`
`, reproductive system using two different readouts to assess the effect of
`aflibercept on VEGF activity in rats. These are described in Example 31
`ofthe ’758 patent, column 38, lines 24-67.
`In this study, pregnant mare‘s serum gonadotropin (PMSG) was
`injected subcutaneously to induce ovulation in pre-pubertal female rats.
`This results in a surge of estradiol after two days, which in turn causes
`an induction of VEGF in the uterus. This induction results in
`
`hyperpermeability ofthe uterus and an increase in uterine wet weight 6
`hours later. The study was done to determine if aflibercept could block
`the effect of VEGF on uterine wet weight. The results demonstrated that
`injection of aflibercept resulted in about a 50% reduction in uterine wet
`weight. These results are shown in Figure 41.
`The other assay measured the effect of aflibercept on VEGF-
`induced blood vessel formation in the corpus luteum. This allows for
`secretion of progesterone into the blood stream in order to prepare the
`uterus for implantation. If aflibercept was effective at blocking VEGF
`activity in this model, then the animals receiving aflibercept should
`show a reduction in progesterone in the blood stream. Injection of
`aflibercept at 25 mg/kg or 5 mg/kg at one hour after injection of PMSG
`resulted in complete inhibition of progesterone induction at day 4 (See
`Figure 42A-4ZB).
`
`Com arisono a iberce tto CIaimZ
`
`According to the EYLEA‘” label, provided as Attachment B, the
`approved product is intended for the treatment of human patients. In
`addition, the ’758 patent, at column 6, lines 43-48, lines 52-54 and lines
`60-61, discloses several embodiments in which aflibercept can be used
`in humans. For example, lines 43-48 described a method of decreasing
`or inhibiting plasma leakage in a mammal comprising administering the
`fusion polypeptide described, including embodiments wherein the
`mammal is a human. Lines 52-54 describe a preferred embodiment
`being a method of blocking blood vessel growth in a human comprising
`administering the fusion polypeptide of the invention. Lines 60-61 note
`that preferred embodiments of the methods are wherein the mammal is
`a human.
`
`Aflibercept thus meets all of the limitations of claim 2.
`
`Low
`
`Because aflibercept meets all of the limitations of claims 1 and 2
`of the '758 patent, and because aflibercept is the active ingredient of
`EYLEA‘”, claims 1 and 2 of US. Patent No. 7,374,758 cover a method of
`
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`

`U.S. Patent No. 7,374,758
`Papadopoulos, et (11.
`Application Under 35 U.S.C. § 156
`
`using the approved product.
`
`Page 9
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`

`U.S. Patent No. 7,374,758
`Papadopoulos, et aI.
`Application Under 35 U.S.C. § 156
`
`Page 10
`
`10.
`
`Relevant Dates Under 35 U.S.C. § 156 for Determination of Applicable
`Regulatory Review Period [§ 1.740(a)(10)]
`
`(a)
`
`Patent Issue Date
`
`The ’758 patent issued on May 20, 2008.
`
`(b)
`
`IND Effective Date [35 U.S.C. § 156(g)(1](B){U; 37 C.F.R. § 1. 740(a)(10)(i)(A)]
`
`The date that an exemption under § 505(i) of the Federal Food, Drug and
`Cosmetic Act became effective (i.e., the date that an investigational new drug
`application ("IND") became effective) for EYLEATM (referred to in the IND-
`receipt letter as "Vascular Endothelial Growth Factor Fc Protein (human,
`recombinant, CHO cells, Regeneron]") was lune 15, 2005. The application date
`for this [ND was May 13, 2005. The IND was assigned number BB-IND #
`12462. A copy of the letter from the FDA reflecting the IND’s number, date of
`submission and date of receipt is provided in Attachment H.
`
`{C}
`
`BLA Submission Date [35 U.S.C § 156(g)(1](3}(i}; 37 C.F.R.
`§ 1 .740(a)(10)(i)(B)]
`
`The BLA was submitted on February 17, 2011 and received by the FDA on
`February 18, 2011, as shown in Attachment I. The BLA was assigned number
`BL 125387/0.
`
`{61)
`
`BLA Issue Date [35 use § 156(g](1)(B}{ii); 37 C.F.R. § 1. 740(a)(10)(i](C)]
`
`The FDA approved biologic license application 125387/0 authorizing the
`marketing of EYLEATM on November 18, 2011. EYLEATM was approved under
`Department of Health and Human Services (DHHS) U.S. License No. 1760. A
`copy of the approval letter from the FDA is provided as Attachment C.
`
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`US. Patent No. 7,374,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 11
`
`11. Summary of Significant Events During Regulatory Review Period
`[§1-740(a)(11)l
`
`Pursuant to 37 C.F.R. § 1.740(a)(11), the following provides a brief description
`of the activities of Regeneron Pharmaceuticals, Inc., before the FDA in relation to the
`regulatory review of EYLEA’“. The brief description lists the significant events that
`occurred during the regulatory review period for the approved product. In several
`instances, communications to or from the FDA are referenced. Pursuant to 37 C.F.R. §
`
`I. 740(a) (11), 21 C.F.R. § 60.20(a), and M.P.E.P. § 2753, copies ofsuch communications
`are not provided in this application, but can be obtained from records maintained by
`the FDA.
`
`On May 13, 2005 Regeneron submitted to FDA an investigational new drug
`application for a recombinant fusion protein (originally vascular endothelial growth
`factor Fc protein, now aflibercept) consisting of (a) a vascular endothelial growth
`factor (VEGF) receptor component having immunoglobulin-like (lg) domains
`consisting of an lg domain 2 ofa first VEGF receptor that is human Flt1 and an lg
`domain 3 of a second VEGF receptor that is human Flkl; and (b) an Fc portion of
`human IgGl. The fusion protein was developed as a potential new therapeutic for
`intravitreal administration for treating (wet) age-related macular degeneration.
`
`On June 15, 2005, BB-IND #12462 became effective via a communication
`mailed to Regeneron on May 24, 2005, (see Attachment H). According to the
`FDA, initiation of trials could begin 30 days after May 16, 2005.
`
`From approximately July 2005 until approximately June 2008, a series of US.
`Phase I and II clinical trials were conducted. In addition, an extension trial is ongoing
`as of the date of this application.
`
`Between approximately July 2007 and July 2011, Phase III clinical trials
`were conducted. In addition, an extension trial is ongoing as of the date of this
`application.
`
`On June 1, 2009, representatives of Regeneron and CBER participated in a
`Type C meeting to seek agency agreement on the pharmacology/toxicology program
`for aflibercept.
`
`On September 15, 2009, representatives of Regeneron and CBER participated
`in a Type C meeting to review the status and development of pre-filled syringes as the
`intended container-closure device to support commercialization of aflibercept.
`
`On September 8, 2010, representatives of Regeneron and CBER participated in
`a Type B pre-BLA submission meeting to discuss and review clinical results of trials
`conducted prior to that date.
`
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`US. Patent No. 7,374,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 12
`
`On September 27, 2010, representatives of Regeneron and CBER participated
`in a Type B pre-BLA submission meeting to discuss information and requirements for
`the chemical, manufacturing and control (CMC) Chapter of the BLA.
`
`On April 15, 2011, FDA granted priority review for aflibercept for AMD.
`
`On November 18, 2011, FDA approved BLA No. BL 125387/0, issuing
`marketing authorization for EYLEA‘”. (See Attachment C.)
`
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`US. Patent No. 7,374,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 13
`
`12. Statement Concerning Eligibility for and Duration of Extension Sought Under
`35 U.S.C. § 156 [37 C.F.R § 1.740(a)(12)]
`
`(a) In the opinion ofthe Applicant, US. Patent No. 7,3 74,758 is eligible for an
`extension under § 156 because:
`
`(i) one or more claims ofthe '758 patent claim a method ofusing the approved
`product;
`
`(ii) the term of the ’758 patent has not been previously extended on the basis
`of § 156;
`
`(iii) the '758 patent has not expired;
`
`(iv) no other patent has been extended pursuant to § 156 on the basis of the
`regulatory review process associated with the approved product, EYLEATM ;
`
`(v) there is an eligible period of regulatory review by which the patent may be
`extended pursuant to § 156;
`
`(vi) the applicant for marketing approval exercised due diligence within the
`meaning of§ 156(d) (3) during the period of regulatory review;
`
`(vii) the present application has been submitted within the 60-day period
`following the approval date of the approved product, pursuant to § 156(c); and
`
`(viii) this application otherwise complies with all requirements of 35 U.S.C.
`§ 156 and applicable rules and procedures.
`
`(b) The period by which the term of the '758 patent is requested by Applicant to be
`extended is 775 days.
`
`(c) The requested period of extension ofterm for the ’758 patent corresponds to the
`regulatory review period that is eligible for extension pursuant to §156, based on the
`facts and circumstances of the regulatory review associated with the approved
`product EYLEATM. The period was determined as follows.
`
`(i) The relevant dates for calculating the regulatory review period, based on
`the events discussed in the section above, are the following.
`
`Exemption under FDCA § 5050) became effective June 15, 2005 (30 days after
`FDA receipt of the IND on May 16, 2005)
`
`Patent was granted May 20, 2008
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 13
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 13
`
`

`

`US. Patent No. 7,374,758
`Papadopoulos, et 01.
`Application Under 35 U.S.C. § 156
`
`Page 14
`
`Biologics License Application (BLA) under PHSA § 351 was filed February 17,
`2011
`
`BLA was approved November 18, 2011
`
`(ii) The '758 patent was granted during the period specified in
`§156(g)(1) (B) (i) (i.e., the period from the date ofthe grant ofthe exemption under
`§ 505(i) of the FDCA until the date ofsubmission of the BLA). Pursuant to § 156(b)
`and (c)(2 ), the calculated regulatory review period includes a component equal to
`half of the number of days within that period that are after the grant of the patent
`(1/2 of 1002, or 501 days).
`
`(iii) Because the patent was granted before the start of the period specified in
`§ 156(g)(1)(B) (ii) (129., the period from the date of submission of the BLA until the
`date of approval), the regulatory review period under § 156(b) includes a component
`equal to the total number of days in that period (274 days).
`
`(iv) The '758 patent will expire on january 17, 2021 taking into account the
`Terminal Disclaimer (See Attachment E).
`
`(v) Taking into account the 501 days specified in (ii) above, which accounts for
`the time period between the date of grant of the exemption under § 505(i) ofthe
`FDCA until the date of submission of the BLA), and further pursuant to § 156(b) and
`(c)(2 ), whereby the calculated regulatory review period includes a component equal
`to half of the number of days within that period that are after the grant of the patent,
`plus the 274 days specified in the regulatory review period under § 156(b) and noted
`in (iii) above, which includes the number of days from the date of submission ofthe
`BLA until the date of approval, the total number of days to be included for
`consideration of patent term extension is believed to be 775 days.
`
`(vi) The date of approval of the approved product is November 18, 2011.
`
`(vii) The date that is fourteen years from the date of approval of the approved
`product is November 18, 2025.
`
`(viii) The addition of 775 days to the time of patent expiry (which includes the
`period disclaimed via the terminal disclaimer) brings the projected patent expiry date
`to March 3, 2023. The date until the end of the fourteen-year period specified in §156
`(c)(3) is November 18, 2025. Accordingly, the projected date of expiration taking into
`account the 775 day patent term extension does not exceed the date projected to be
`14 years beyond the date of BLA approval. As such, the period by which the patent
`may be extended is not limited by the fourteen-year rule of§ 156(c)(3).
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 14
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 14
`
`

`

`U.S. Patent No. 7,374,758
`Papadopoulos, et 0].
`Application Under 35 U.S.C. § 156
`
`Page 15
`
`(ix) The '758 patent issued after the effective date of Public Law No. 98-417.
`As such, the two- or three -year limit of 35 U.S.C. § IS6(g)(6)(C) does not apply.
`
`13. Statement Pursuant to 37 C.F.R. § 1.740(a)(13]
`
`Pursuant to 37 C.F.R. §.1.740(a)(13), Applicant acknowledges its duty to
`disclose to the Director of the PTO and to the Secretary of Health and Human Services
`any information which is material to the determination of entitlement to the
`extension sought, particularly as that duty is defined in 37 C.F.R. § 1.765. In
`furtherance of this duty, Applicant wishes to inform the Director and Secretary that
`concurrently with the present Application for Extension of Patent Term Under 35
`U.S.C. §156 Applicant has filed an Application for Extension of Patent Term Under 35
`U.S.C. §156 (plus two copies) in connection with U.S. Patent Nos. 7,374,757 and
`7,070,959.
`
`14. Applicable Fee [§ 1.740(a)(14)]
`
`Please deduct all fees necessary pursuant to 37 CF .R. §1.20(j) corresponding
`to the fee for a patent term extension application under 35 U.S.C. § 156 from deposit
`account no. 18-0650. Please deduct any additional fee or fees deemed necessary in
`excess of this amount from our deposit account no. 18-0650.
`
`15. Name and Address for Correspondence [§ 1.740(a)(15)]
`
`Please direct all inquiries, questions, and communications regarding this
`application for term extension to :
`
`Valeta Gregg, Ph.D., ].D.
`Vice President and Assistant General Counsel, Patents
`
`Regeneron Pharmaceuticals, Inc.
`777 Old Saw Mill River Rd.
`
`Tarrytown, NY 10591-6707
`Tel. 914-847-1077
`Fax 914-847-7705
`
`email: valeta.gregg@regeneron.com
`
`2
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 15
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 15
`
`

`

`US. Patent No. 7,374,758
`Papadopoulos, et a1.
`Application Under 35 U.S.C. § 156
`
`Page 16
`
`Two additional copies of this application are enclosed, in compliance with 37
`C.F.R.§ 1.740(b].
`
`Sincerely,
`
`WMQe
`
`Attorney/Agent for Applicant
`Registration No. 35,127
`_
`Dated:9M”
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 16
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 16
`
`

`

`US. Patent No. 7,374,758
`Papadopoulos, et 01.
`Application Under 35 U.S.C. § 156
`
`Index of Attachments
`
`Page 17
`
`Attachment A — Copy ofAssignment of US. Patent No. 7,374,758
`
`Attachment B - Copy of EYLEATM Product Label
`
`Attachment C — Copy of EYLEATM BLA Approval letter from the FDA
`
`Attachment D — Copy of US. Patent No. 7,374,758
`
`Attachment E — Copy of Terminal Disclaimer for U.S. Patent No. 7,374,758
`
`Attachment F — Copy of Maintenance Fee Statement for US. Patent No. 7,374,758
`
`Attachment G — Copy of Holash et al. PNAS 99(17):11393-11398 (2002)
`
`Attachment H — Copy of [ND-receipt letter from FDA
`
`Attachment I - Copy of BLA Submission acknowledgement letter from FDA
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 17
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 17
`
`

`

`ATTACHMENT A
`
`Copyof Assignment of US. Patent No.
`
`7,374,758
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, |PR2021-00880
`Page 18
`
`Mylan Exhibit 1024
`Mylan v. Regeneron, IPR2021-00880
`Page 18
`
`

`

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`102914790
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`Tabsettln
`
`1. Name of conveying party(ies):
`Nicholas J. Papadopoulos
`Samuel Davis
`George D. Yancopoulos
`
`Additional name(a) of conveying partyoea) attached -
`
`3. Nature of conveyance:
`
`Assignment
`
`DMerger
`
`E] Security Agreement
`
`EIChange of Name
`
`D Other
`
`2. Name and address of receiving party(ies)
`Name: Flegeneron Pharmaceuticals. inc.
`
`lntemal Address:
`
`_
`
`Street Address: 777 Old Saw Mill River Road
`
`City: TRTIYEOWD
`
`State:_"Y_,Zip: 10591
`
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`
`EWWW‘ Daterflfl—WL— Additional name(a) a addreseles) attached7D Yes
`
`No
`
`4. Application number(s) or patent number(s):
`If this document is being filed together with a new application. the execution date at the application ls: 2/4/02
`A. Patent Application No.(s’) _‘_________.___._________
`B. Patent No.(3) .............................
`nus——soc-nuuuunu—u.m--.-c-u---.---.-—-..-
`
`Additional numbers studied? - Yes
`5. Name and address of party to whom correspondence
`6. Total number of applications and patents involved: In
`concemlng document should be mailed:
`40 0
`. Valeta Gregg
`'
`7. Total tee (37 CFH 3.41)..............$
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`Name.
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`Intemai Address:
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