Mylan Loses Tribunal Problem to Merck Diabetes Remedy Patent

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Merck Sharp & Dohme Corp. fought a patent office challenge filed by Mylan Pharmaceuticals Inc. and other generic drug makers for a patent on the Janumet XR diabetes treatment.

Merck sued more than a dozen generic drug companies, including Mylan, for alleged infringement of US Patent No. 7,326,708. Dr. Reddys Laboratories Inc. and Sun Pharmaceuticals Industries Ltd. joined Mylan for the challenge.

The generic drug companies argued that various patent claims are invalid because they are anticipated or obvious.

“In this case report, however, we note that the petitioner has not demonstrated, by a preponderance of evidence, that” the contested patent …