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Singulair Reexamination Advances to Favorable Conclusion
On December 15, 2009 the USPTO issued a ‘Notice of Intent to Issue an Ex Parte Reexamination Certificate’ confirming the patentability of Merck’s billion dollar Singulair patent, U.S. 5,565,473. This development effectively concludes the reexamination of the Singulair patent. In initiating the reexamination, the USPTO issued a single nonstatutory obviousness-type double patenting reexamination rejection. Double patenting rejections relate to the ability of a Patent Holder to obtain multiple patents on obvious variations of a single invention. This rejection, if maintained by the Office would not have invalidated the patent, but instead, could have potentially shortened the term of the Singulair patent. However, the rejection was withdrawn by the USPTO.
The reexamination was initiated by a third party, Article One. Article One claimed to have uncovered Read the rest of this entry »
