Regeneron Pharmaceuticals, Inc. v. Merus N.V.
- Case Date: 9/26/2017
- Project Name: Health Care Project
On September 26, 2017, WLF filed a brief in the US Court of Appeals for the Federal Circuit, urging it grant rehearing en banc in a case raising important patent-law issues. A divided Federal Circuit panel struck down a pharmaceutical patent under the “inequitable conduct” doctrine. That doctrine permits invalidation of an otherwise-valid patent if the patentee has engaged in inequitable conduct (such as lying to patent examiners) while seeking issuance of its patent from the Patent and Trademark Office. In a 2011 decision, the Court concluded that assertion of inequitable-conduct claims had gotten out of hand, and it severely limited future application of the doctrine. WLF argued that the panel’s decision in this case undercuts the 2011 decision and opens the door to unwarranted claims. WLF noted that the Court never determined that the patentee actually engaged in inequitable conduct before the PTO; rather, it entered judgment as a sanction for alleged litigation abuses years later.
More Information and Downloads:
9/26/2017: Download the Brief