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Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.

Mylan Pharmaceuticals Inc. (“Mylan”) appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) holding that it failed to show that claims 1–4, 17, 19, and 21–23 of U.S. Patent 7,326,708 (the “’708 patent”) were anticipated or would have been obvious over the cited prior art at the time the alleged invention was made. See Mylan Pharms. Inc. v. Merck Sharp & Dohme Corp., No. IPR2020- 00040, 2021 WL 1833325 (P.T.A.B. May 7, 2021) (“Decision”). For the reasons provided below, we affirm.

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