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Federal Circuit Denies En Banc Rehearing in Fosamax Case
The U.S. Court of Appeals for the Federal Circuit denied Merck & Co.'s petition for an en banc rehearing of the decision in Merck & Co. v. Teva Pharms. USA, Inc., 395 F.3d 1364 (Fed. Cir. 2005). In Merck, the Federal Circuit reversed a ruling of the U.S. District Court for the District of Delaware and invalidated one of the patents covering Fosamax, a blockbuster osteoporosis treatment. The Federal Circuit also found that evidence of Fosamax's commercial success was not probative of obviousness because others were legally barred from testing the invention disclosed in the patent-in-suit as a result of other patents held by Merck.
Federal Circuit Remands Case Involving Razor Patent
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