Fed. Circ. Weighs Bid To Finish Off Pfizer Vaccine Patent

Law360, Washington (November 7, 2019, 8:28 PM EST) -- A Federal Circuit panel looked closely Thursday at a Patent Trial and Appeal Board decision that upheld one claim of a patent covering Pfizer’s billion-dollar Prevnar 13 vaccine, posing tough questions to both sides about an advanced study that Merck contends should have led the board to invalidate it.

The judges probed whether the study’s disclosure of the 13 varieties of pneumococcal bacteria used in Pfizer’s vaccine, which protects against pneumonia and other illnesses, is enough to prove the claim was obvious or whether Merck Sharp & Dohme Corp. was required to show it would’ve been obvious to combine the 13...

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