MDL Won't Stop PTAB From Reviewing Merck Diabetes Patent

Law360 (May 13, 2020, 3:53 PM EDT) -- The Patent Trial and Appeal Board will review whether claims of a Merck patent covering the blockbuster diabetes drugs Januvia and Janumet are invalid, shooting down a variety of arguments from the drugmaker that the board should use its discretion to deny Mylan's petition.

When instituting review Tuesday, the board said it wasn't persuaded by Merck Sharp & Dohme Corp.'s arguments that an inter partes review would leave the company at a disadvantage in related multidistrict litigation, where it's accusing Mylan and other generic-drug makers of infringement. Merck also failed to show that the U.S. Patent and Trademark Office examiner already...

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