Bloomberg Law
May 10, 2021, 5:46 PM

Mylan Loses Tribunal Challenge to Merck Diabetes Treatment Patent

Matthew Bultman
Matthew Bultman

Merck Sharp & Dohme Corp. fended off a patent office challenge that Mylan Pharmaceuticals Inc. and other generic drug makers brought against a patent on the diabetes treatment Janumet XR.

Merck sued more than a dozen generic companies, including Mylan, for alleged infringement of U.S. Patent No. 7,326,708. Dr. Reddy’s Laboratories Inc. and Sun Pharmaceuticals Industries Ltd. joined Mylan in the challenge.

The generics makers argued various patent claims are invalid because they are anticipated or obvious.

“On this trial record, however, we find petitioner has failed to show by a preponderance of the evidence that” the challenged patent ...