Merck Asks Court to Declare Nexplanon Doesn’t Infringe Patent

Merck & Co. and Organon, its planned spinoff focused on women’s health, asked a federal court to declare that Nexplanon, a contraceptive implant the company expects could be a blockbuster, doesn’t infringe a patent owned by closely held Microspherix.

• Merck seeks ruling according to complaint filed Tuesday in federal court in Trenton, New Jersey
• Microspherix is “a non-practicing entity,” has “no apparent physical location” and declined to execute covenant-not-to-sue over patent, complaint says
• Patent, issued Tuesday, related to three in pending 2017 case against Merck
• NOTE: Merck Loses Bid to Invalidate Microspherix Device Patents
• Nexplanon had U.S. sales of ...