Merck Appeals, But US District Judge Gregory Skleet Has Ruled NuvaRing® Patent Invalid As “Obvious”

Ahem. Well — try as I might, to slip off and dissole silently into the luminous half-light of a Sawatch Range canyon, near the icy headwaters of what becomes the Arkansas River, I cannot. It seems the very able Judge Gregory Sleet has entered his long-awaited order, and memorandum opinion, in the NuvaRing® patent battles in Delaware federal court. We’ve been following this fight for almost exactly four years. [Smile — my December 2013 backgrounder may be found here.]

The memorandum opinion is a very worthy read, so I will post it in full, as a 37 page PDF right here (all as I await some late breaking client calls).

And, to complete the set, here is the full text order — yet do remember, as I say, Kenilworth has already filed an appeal:

. . . .This action came before the Court for a four-day bench trial on January 19, 2016. The issues have been tried and the parties filed Proposed Findings of Facts and Conclusions of Law on April 5, 2016 (D.I. 140, 141). The court issued a Memorandum Opinion (D.I. 145) and Order (D.I. 146) (“Bench Opinion”) on August 26, 2016.

Therefore, IT IS HEREBY ORDERED AND ADJUDGED that, in accordance with this Court’s Bench Opinion, final judgment is hereby entered in favor of defendants WARNER CHILCOTT COMPANY, LLC, and WARNER CHILCOTT (US), LLC and against plaintiff MERCK SHARP & DOHME B.V., finding that:


The asserted claims of the ‘581 patent are invalid as obvious under 35 U.S.C. § 103. . . . .

Now you know. This week, it seems true what the old scribes intone: “. . .the law is a jealous mistress. . . .” Know that she will not let you sleep. Not even for a moment. Clearly an antiquated sentiment — but I echo it, with the fondest of intentions. I guess I’m destined to be in office all week, on other matters, now. With a wide grin, soon walking in. . . .

नमस्ते

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