Fed. Circ. Lets Merck Add Parent Co. Without Resetting IPR

Law360 (June 24, 2019, 5:41 PM EDT) -- The Patent Trial and Appeal Board was within its rights to let Merck Sharp & Dohme Corp. add its parent company to an inter partes review without resetting the clock on the litigation, the Federal Circuit has ruled.

The three-judge panel on Friday said Merck Sharp & Dohme was free to name Merck & Co. Inc. as a real party in interest more than a year after requesting the IPR, without having to alter its filing date. The decision was a blow to Mayne Pharma International Pty. Ltd., which had said Merck’s case successfully invalidating claims from its antifungal patent was...

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