Merck Fends Off Patent Challenge to Diabetes Treatment (1)

Merck Sharp & Dohme Corp. crushed a patent challenge from generic drugmaker Mylan Pharmaceuticals Inc., successfully defending its branded diabetes treatment Janumet XR at the Federal Circuit.

Merck had sued more than a dozen generic makers, including Mylan, accusing them of infringing its US Patent No. 7,326,708.

After Mylan and others challenged the validity of the patent, the US Court of Appeals for the Federal Circuit, in a precedential ruling Thursday, affirmed that the patent’s claims weren’t invalid as anticipated or obvious over previous inventions. The appeals court ruling will likely be a boost for Merck’s bid against ...