Pfizer Unit Loses Appeal In Vaccine Fight With Merck Branch

Law360, London (July 22, 2021, 7:04 PM BST) -- A Pfizer unit lost its bid Thursday to overturn a decision invalidating the patent for its blockbuster Prevnar 13 pneumonia vaccine after an appeals court agreed with rival Merck Sharp & Dohme Corp. that the patented invention was obvious.

The Court of Appeal agreed with the High Court's finding that a 2004 paper published by employees of Wyeth LLC, an arm of pharmaceutical giant Pfizer, rendered a claimed medical invention they made two years later obvious.

The three-judge panel unanimously dismissed Wyeth's appeal, which was seeking to overturn the High Court's decision to toss out its infringement case against Merck Sharp...

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