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...

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!


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!