Oct 22 (Reuters) - Amgen ( AMGN ) will launch its

biosimilar version of Regeneron's blockbuster eye care

drug Eylea following a U.S. appeals court ruling in its favor on

Tuesday, an Amgen ( AMGN ) spokesperson said.

The U.S. Court of Appeals for the Federal Circuit rejected

Regeneron's request to block the launch during its appeal of a

related decision for Amgen ( AMGN ) in a patent case in West Virginia.

Eylea can treat eye diseases like macular degeneration, macular

edema and retinopathy.

"We continue to believe that Amgen ( AMGN ) is infringing our patent

rights, and today's decision denying our request for a temporary

injunction is not the final word in this litigation," Regeneron

said in a statement.

An Amgen ( AMGN ) spokesperson said that the company will bring its

biosimilar, Pavblu, to patients "as quickly as possible to help

expand access to affordable and effective treatment."

Biosimilars are versions of biologic drugs that are

comparable to generics of traditional pharmaceuticals. Unlike

traditional drugs, complex biologic drugs are made from living

cells and cannot be copied exactly.

The FDA first approved Eylea in 2011. It earned Regeneron

$5.89 billion in U.S. sales in 2023.

Tarrytown, N.Y.-based Regeneron sued Thousand Oaks,

California-based Amgen ( AMGN ) for infringing dozens of its patents

related to Eylea. A West Virginia federal judge last month

rejected Regeneron's request to block Amgen's ( AMGN ) launch of Pavblu

while Regeneron pursues its patent claims against the company in

the ongoing case.

Regeneron appealed to the Federal Circuit and asked the

court to issue its own block on the Pavblu launch through the

appeal. The Federal Circuit rejected the request on Tuesday,

allowing Amgen ( AMGN ) to go forward with the launch.