Merck Announces U.S. Court of Appeals for the Federal Circuit Rules in Its Favor Over Patent Lawsuit
Merck (NYSE: MRK), known as MSD outside of the United States and Canada, announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of the company in a patent challenge brought by Mylan Pharmaceuticals, Inc. (now Viatris) related to sitagliptin dihydrogen phosphate, an active ingredient in JANUVIA® (sitagliptin), JANUMET® (sitagliptin and metformin hydrochloride) and JANUMET® XR (sitagliptin and metformin hydrochloride extended-release).
Viatris had challenged validity of U.S. Patent No.7,326,708 in an inter partes review before the U.S. Patent Office. On May 7, 2021, the Patent Office issued a decision in Merck’s favor, finding all challenged claims valid. Viatris appealed that decision to the Court of Appeals for the Federal Circuit, which today affirmed the decision.
Viatris had previously challenged validity of the patent in a case filed in the U.S. District Court for the Northern District of West Virginia. The District Court ruled in favor of Merck in a decision dated Sept. 21, 2022.
