HLD, v. 33, n. 11 (November 2005)
U.S. Supreme Court
Denies Review Of Federal Circuit Ruling In Patent Infringement Case Against
Generic Drug Maker
Supreme Court denied review of a Federal Circuit decision affirming the
dismissal of a suit by Merck & Co. alleging Teva Pharmaceuticals USA Inc.
infringed its patent on the osteoporosis drug Fosamax. The U.S. District Court
of Delaware found Merck�s '329 patent to be enforceable and constructively
infringed by Teva�s Abbreviated New Drug Application. But the Federal Circuit
disagreed, and held the patent claims were obvious in light of the prior art.
It therefore concluded that the patent claims were invalid and not infringed.
The case is published at 395 F.3d 1364.
Merck & Co. v. Teva Pharmaceuticals USA
Inc., No. 05-236, 74 USLW 3245 (Oct. 17, 2005).