Merck Sharp & Dohme Ltd v Wyeth LLC (Rev 1)

The patent claims are limited to precisely the 13 specified serotypes and do not cover vaccines with additional serotypes. The alleged product does not infringe. All claims are invalid for obviousness over de la Pena. Claim 1 is anticipated by Hausdorff 381, but claim 16 is novel. The proposed amendments to claims 2 and 17 do not add matter. The insufficiency attack fails.

Parties: Claimant: Merck Sharp & Dohme Limited; Defendant: Wyeth LLC
Jurisdiction: England and Wales
Judgment Date: 15 October 2020
Procedural Posture: Patent Revocation and Infringement / Final Judgment After Trial
Outcome: Claimant's claim for revocation succeeds; Defendant's counterclaim for infringement fails.
Legal Topics: Patent Infringement, Patent Validity, Obviousness, Added Matter, Novelty, Insufficiency

Intellectual Property Patent Law Patent Infringement Patent Validity Obviousness Added Matter Novelty Insufficiency

Case Brief

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2

Parties

Merck Sharp & Dohme Limited

Claimant

Wyeth LLC

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment After Trial

Legal Issues

1 Whether the patent claims are infringed by the alleged product
2 Whether the patent claims are invalid for anticipation, obviousness, added matter, or insufficiency
3 Construction of patent claims regarding serotype limitation

Ratio Decidendi

Court Disposition

Claimant's claim for revocation succeeds; Defendant's counterclaim for infringement fails.

Orders

Patent claims revoked for obviousness over de la Pena.
No finding of infringement by equivalence due to lack of relevance.