News & Analysis as of

Patents Prior Art Merck

Venable LLP

PTAB Grants Institution of IPR Challenging The Johns Hopkins University Pembrolizumab Patent

Venable LLP on

On June 13, 2024, the PTAB granted institution of IPR2024-00240 that Merck Sharp & Dohme, LLC (“Merck”) filed in November 2023 challenging claims 1-42 of The Johns Hopkins University’s (“JHU”) U.S. Patent No. 11,591,393 (“the...more

Knobbe Martens

Routine Optimization of Result-Effective Variable Can Bridge Gaps in Prior Art

Knobbe Martens on

PFIZER INC. v. SANOFI PASTEUR INC. - Before Lourie, Bryson, and Stark.  Appeal from the Patent Trial and Appeal Board....more

Venable LLP

Merck Files Four IPRs Challenging The Johns Hopkins University Pembrolizumab Patents

Venable LLP on

On March 4, 2024, Merck Sharp & Dohme, LLC (“Merck”) filed four IPRs challenging The Johns Hopkins University (“JHU”) patents covering methods of treatment using pembrolizumab, which Merck sells under the trade name...more

BakerHostetler

Federal Circuit Develops the ‘At Once Envisage’ Standard of Anticipation and Affirms the Importance of Specialized Considerations...

BakerHostetler on

Anticipation of a claim generally requires that a single prior art reference explicitly discloses each and every claim element. However, absent an express teaching in the prior art, a claim may also be anticipated if it is...more

McDermott Will & Emery

For Inherent Anticipation, How Many Is Too Many?

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision that prior art disclosing a class of 957 salts could not inherently anticipate claims to a salt within the class because...more

Fish & Richardson

Federal Circuit Affirms PTAB’s Final Written Decision that Merck’s Claimed Inventions Were Not “At Once Envisaged” From the Prior...

Fish & Richardson on

​​​​​​​Sixty years ago, the Federal Circuit’s predecessor court, the Court of Customs and Patent appeals, considered whether the prior art disclosure of a chemical genus anticipated species falling within the scope of that...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Morris James LLP

Patent Covering Safyral® and Beyaz® Found to Be Valid

Morris James LLP on

The defendant sought to engage in the commercial exploitation of generic versions of Safyral® and Beyaz®, which are covered by plaintiff’s U.S. Patent No. 6,441,168 (the ‘168 patent). The parties stipulated to infringement...more

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