Pfizer’s Pneumococcal Vaccine Patent Axed by Federal Circuit

The Federal Circuit upheld an administrative tribunal’s decision nixing a Pfizer Inc. pneumococcal vaccine patent, but sent the case back for additional consideration of two proposed amended patent claims.

The Patent Trial and Appeal Board in 2019 found Pfizer’s US Patent No. 9,492,559 unpatentable as obvious in light of information publicly disclosed in two prior patent applications. The patent had been challenged by Pfizer competitors Sanofi Pasteur Inc., SK Chemicals Co. Ltd., and Merck Sharp & Dohme Corp.

The PTAB didn’t err in finding the ‘559 patent’s 45 claims obvious, and in particular was correct in its application of ...