Pfizer Unit Fights Loss To MSD In Pneumonia Vaccine IP Case

Law360, London (July 14, 2021, 9:09 PM BST) -- A Pfizer unit urged an appellate court Wednesday to overturn a decision invalidating the patent for its blockbuster Prevnar 13 pneumonia vaccine, saying a judge "misunderstood" a 2004 paper published by its workers that he said made the patent's claimed medical invention two years later obvious.

Counsel acting for Pfizer subsidiary Wyeth LLC told the appellate court that in addition to the error on inventiveness, the judge misinterpreted the language of the patent claim when he tossed the pharmaceutical giant's infringement case against rival Merck Sharp & Dohme Corp.

"We say when properly understood in light of his own findings on...

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