Mylan Says Unnamed Inventor Invalidates Merck Vytorin Patent

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,...
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