Merck Wins IPR Challenge to Pfizer Patent on Vaccine

Pfizer patent 9,492,559 for a pneumonia vaccine was invalidated by the U.S. Patent and Trademark Office after the review board considered challenges by Merck.

• Merck had argued that the patent was little different than work done by Merck and GlaxoSmithKline on a pneumonia vaccine using “standard chemistry and techniques”
• Pfizer argued that the patent office had already considered and rejected the arguments raised by Merck, and accused Merck of using hindsight to make its argument
• NOTE: PTAB also is reviewing validity of two Glaxo patents for pneumonia vaccines based on a challenge by Merck; decision expected in December
• NOTE: Merck’s ...