Federal Court upholds validity of one pneumococcal vaccine patent, but holds two other patents invalid

On April 30, 2021, the Federal Court issued its decision relating to the validity of three patents relating to Pfizer’s PREVNAR 13, a 13-valent pneumococcal polysaccharide protein conjugate vaccine: Merck v Wyeth, 2021 FC 317. Merck sought to impeach Wyeth’s Canadian Patent Nos. 2,604,363 (363 Patent), 2,650,056 (056 Patent) and 2,803,111 (111 Patent) on the basis that Merck believed that Wyeth (now Pfizer) would assert the patents against Merck’s 15-valent pneumococcal polysaccharide protein...
By: Smart & Biggar

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