Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged OGN
Can Microspherix knock out Merck’s prior-inventorship defense in its Nexplanon patent suit?

Microspherix has been embroiled in a long-running patent suit against Merck and its spinoff Organon.  The suit alleges that Organon’s drug, Nexplanon, is infringing multiple Microspherix patents.  Nexplanon is a contraceptive implant that accounts for 10 percent of Organon’s sales.  After several years, the suit is finally teeing up for trial in October 2023.  Yet, Microspherix has recently tried to short-circuit the trial by asking the court to knock out one of Merck’s primary defenses in the case before trial.  Will Microspherix’s ploy work?

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