The Federal Circuit affirmed the decision of the Patent Trial and Appeal Board that claims of Merck Serono S.A.'s patents that relate to an oral cladribine-cyclodextrin complex for the treatment of multiple sclerosis are unpatentable as obvious over prior art, in inter partes reviews by Hopewell Pharma Ventures Inc. The court affirmed the board’s determination that regarding prior art and its determination that the combination of prior art renders obvious all the claims at issue.
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