Federal Circuit: Merck Can’t Use Team Overlap To Escape Patent Obviousness

( October 31, 2025, 10:32 AM EDT) -- WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) did not err when it held that a prior publication about a multiple sclerosis (MS) drug created through a collaboration involving a company that eventually merged into Merck Serono SA was prior art created “by another” for the purpose of showing that certain claims of more recent Merck patents were unpatentable as obvious, a Federal Circuit U.S. Court of Appeals panel held Oct. 30 in a pair of opinions stemming from separate inter partes review (IPR) proceedings....