Law360, Washington (February 05, 2013, 6:15 PM ET) -- Mylan Pharmaceuticals urged a Federal Circuit panel on Tuesday to invalidate Merck Sharp & Dohme Corp. patents covering the cholesterol drug Vytorin, claiming the drugmaker deceived the U.S. Patent and Trademark Office by leaving off a key co-inventor and obfuscating the compound's lineage.
Despite conceding that its application to market a generic version of Vytorin infringed on the two patents-in-suit, Mylan claimed Merck's failure to name one of its senior chemists as the inventor of one of the active ingredients invalidated the patent from the beginning,...
Mylan Says Unnamed Inventor Invalidates Merck Vytorin Patent
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