Mylan Asks Fed. Circ. To Flip PTAB's Ruling On Merck Patent

By Tiffany Hu (October 20, 2021, 8:07 PM EDT) -- Drugmaker Mylan is urging the Federal Circuit to overturn the Patent Trial and Appeal Board's "error riddled" decision to uphold a patent on Merck's blockbuster diabetes drug Januvia, faulting the board for refusing to find that prior art rendered the patent invalid.

In an opening brief filed Monday, Mylan Pharmaceuticals Inc. said the PTAB erred in ruling on what should have been a "classic case of anticipation and obviousness." The board had found that an earlier international patent application and another patent did not disclose the 1:1 stoichiometry ratio of sitagliptin, the generic name for Januvia, claimed in Merck Sharp &...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!