Merck Sharp & Dohme LLC v. Pogona LLC
Not Instituted - Procedural- Docket:
- IPR2026-00221
- Filed:
- 2026-01-26
An inter partes review petition filed by Merck Sharp & Dohme LLC challenging US patent 11058757, which was not instituted by the PTAB.
Defendant
2 cases as defendant.
Pogona LLC is a private limited liability company organized under the laws of Delaware, with its principal place of business located in Nyack, New York. The company identifies itself as a biotechnology firm focused on advancing discoveries and technology for improved pneumococcal conjugate vaccines (PCVs). While its founding year is not explicitly stated, U.S. Patent No. 11,058,757, central to its operations, was issued in 2021.
Pogona LLC's primary stated operation is the development of an improved, next-generation pneumococcal conjugate vaccine (iPCV) utilizing a novel composition of serotypes, as claimed in its patents. Specifically, the company holds U.S. Patent No. 11,058,757, titled "Saccharide-Polypeptide Conjugate Compositions and Methods of Use Thereof," which pertains to pharmaceutical compositions with unique immunogenic saccharide-polypeptide conjugates from Streptococcus pneumoniae serotypes 23A, 23B, and/or 35B. The company has indicated efforts toward FDA approval for its vaccine and interest from firms for licensing its intellectual property.
In terms of patent litigation, Pogona LLC appears exclusively as a defendant in the tracked cases, with two proceedings before the United States Patent and Trademark Office's Patent Trial and Appeal Board (PTAB). These cases, including one brought by Unified Patents, involve challenges to the validity of Pogona LLC's patents. Appearing as a defendant in PTAB cases, especially against entities like Unified Patents, often signals that a company holds patents that are being asserted or are considered for assertion, leading to defensive validity challenges.
A notable tracked case is Merck Sharp & Dohme LLC v. Pogona LLC, filed on January 26, 2026, where Merck is challenging the validity of Pogona's U.S. Patent No. 11,058,757. The challenge asserts grounds of anticipation and obviousness, citing prior art references such as Porro and Mekalanos. This patent relates to the core of Pogona's stated mission to develop and commercialize novel pneumococcal conjugate vaccines.
An inter partes review petition filed by Merck Sharp & Dohme LLC challenging US patent 11058757, which was not instituted by the PTAB.
An inter partes review petition filed by Unified Patents challenging US patent 11058757.