Merck Serono S.A. v. Hopewell Pharma Ventures, Inc.

 
APPEAL NO.
25-1210, 25-1211
OP. BELOW
SUBJECT
Patent
AUTHOR
Linn

Question(s) Presented

1. “Whether a disclosure of an invention may be treated as a disclosure ‘by others’ or ‘by another’ under 35 U.S.C. § 102(a), (e) and thus as prior art to a patent filed within one year of the disclosure when nobody ‘other’ than the patent’s co-inventors contributed to the disclosure.”

2. “Whether the Administrative Procedure Act (‘APA’) entitles a party to notice and a fair opportunity to respond to an agency’s decision to deviate from its longstanding administrative interpretation of law.”

Posts About this Case