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 &...

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