Decision: Merck Sharp & Dohme Corp. v. Wyeth LLC, –F.3d__ (Fed. Cir. Nov. 26, 2019) (non-precedential) (DYK, Prost, Wallach)
Holding: The PTAB’s decision declining to find claim 18 of Wyeth’s involved patent obvious was insufficiently supported, and therefore the Court vacated and remanded.
Background: Wyeth’s patent, U.S. 8,562,999, is directed to formulations for stabilizing and