Merck Supplement Patents Nixed In 1st Pharma AIA Reviews

Law360, New York (June 23, 2014, 5:09 PM EDT) -- The Patent Trial and Appeal Board on Friday invalidated many claims of four dietary supplement patents that Swiss Merck KgaA accused biotech firm Gnosis SpA of infringing, in what an attorney for Gnosis said may be the first inter partes review involving pharmaceutical-related patents.

The U.S. Patent and Trademark Office found that many claims of the patents challenged by Gnosis under the America Invents Act proceeding were unpatentable as obvious, and canceled others at the request of Merck or the South Alabama Medical Science Foundation, from which Merck licenses the patents.

The patents cover compositions of a natural folate used to...

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