Can Microspherix knock out Merck’s prior-inventorship defense in its Nexplanon patent suit?

Microspherix has been embroiled in a long-running patent suit against Merck and its spinoff Organon. The suit alleges that Organon’s drug, Nexplanon, is infringing multiple Microspherix patents. Nexplanon is a contraceptive implant that accounts for 10 percent of Organon’s sales. After several years, the suit is finally teeing up for trial in October 2023. Yet, Microspherix has recently tried to short-circuit the trial by asking the court to knock out one of Merck’s primary defenses in the case before trial. Will Microspherix’s ploy work?

Markman AdvisorsAugust 17, 2023Merck, Organon, Nexplanon, contraceptive implant, Microspherix, MRK, $MRK, OGN, $OGN, patent, IPR, inter partes review, summary judgment, Zachary Silbersher, SilbersherComment

Can Merck resurrect its $200M Sovaldi patent judgment against Gilead at the Supreme Court?

Merck ($MRK) lost a $200M patent judgment against Gilead ($GILD) after the Court found that Merck engaged in business and litigation misconduct. Merck is now appealing to the Supreme Court, asking to resurrect that judgment. Will it prevail?

Markman AdvisorsSeptember 28, 2018Merck, $MRK, Gilead, $GILD, Sovaldi, patent, Supreme Court, unclean hands, inequitable conduct, Zachary, Zachary Silbersher, SilbersherComment

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