By Eric Schweibenz and Alex Englehart
On June 19, 2020, Novartis Pharma AG of Switzerland; Novartis Pharmaceuticals Corp. of East Hanover, New Jersey; and Novartis Technology LLC of East Hanover, New Jersey (collectively, “Novartis”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Regeneron Pharmaceuticals, Inc. of Tarrytown, New York (“Regeneron”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain pre-filled syringes for intravitreal injection, and components thereof, that infringe one or more claims of U.S. Patent No. 9,220,631.

According to the complaint, the ’631 patent generally relates to terminally sterilized small volume syringes for the injection of VEGF-inhibitors into the vitreous cavity of the eye, to treat retinal indications. Novartis is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Regeneron.