Merck Serono SA v. TWI Pharmaceuticals Inc.
judgment- Docket:
- 25-1464
- Filed:
- 2025-02-19
- Terminated:
- 2025-10-30
The Federal Circuit affirmed a lower tribunal's ruling of unpatentability for US8377903B2, rendering the patent invalid and unenforceable.
7 known cases. View patent page →
The Federal Circuit affirmed a lower tribunal's ruling of unpatentability for US8377903B2, rendering the patent invalid and unenforceable.
The Delaware District Court entered final judgment in favor of Hopewell Pharma Ventures, Inc., invalidating claims of US8377903 (among other patents) as obvious.
The court entered judgment entirely in favor of Apotex, declaring claims 17, 19, 20, and 22–27 of the '903 patent (among others) invalid as obvious and dismissing all of Merck's infringement claims.
Original complaint asserted '919; plaintiffs ceased asserting the '919 patent against all defendants. The consolidated case was later globally stayed pending IPR appeals on the '947 and '903 patents.
First Amended Complaint (ANDA No. 216813) asserted the '947, '903, and '919 patents. The case was stayed within the same global stay; there was no separate '919 outcome.
Consolidated into 22-1365. The '919 patent was asserted in the original complaint but dropped; the consolidated case involved the '947 and '903 patents.
Consolidated into 22-1365 (except trial). The '919 patent was asserted in the original complaint but dropped; Apotex's ANDA was approved Nov. 24, 2025. The consolidated case involved the '947 and '903 patents.