Some Prior US Merck Folate Metabolite Patent Positions Held To Be "No Patent Barrier" -- In Certain Fields: June 20, 2014

I'll not dive deeply back into our goofy non-product homeopathy discussions -- but I will note that Gnosis (the company that in 2004 acquired the old Abbott Labs Knoll Bioresearch operations) has won a significant victory (relative to Gnosis's size), here. Gnosis defeated Merck's 20 or so claims to a patent position on a form of folic acid useful in treating folate deficiency in humans. So -- it may soon be marketing a product without paying Merck a license fee. Perhaps even a nutriceutical. We shall see.

In any event, do see this -- from Lexology

. . . .On June 20, 2014, the Patent Trial and Appeal Board (PTAB) issued the first inter partesreview (IPR) decisions reaching pharmaceutically-related subject matter, which in this case constituted dietary supplement and vitamin products. Four separate final written decisions, addressing four respective patents claiming related subject matter, held claims unpatentable directed to pharmaceutical compositions and methods of treatment using such compositions. . . .

[Ruled non-patenetable were] compositions containing a natural isomer of a reduced folate (e.g., 5-methyl-(6S)-THF), as an alternative to folic acid, which some individuals reportedly do not absorb easily. Petitioner essentially relied upon one prior art reference disclosing preparations for the use of folate or an undefined suitable active metabolite, and another disclosing the natural folate metabolite 5-methyl-(6S)-THF for treating folate deficiency. Despite Patent Owners’ reliance on nearly a dozen experts and other declarants’ testimony rebutting the combination, the PTAB found all challenged claims either anticipated or rendered obvious by the prior art. . . .

Yes, this is (or will soon be) on appeal, but it means that Merck may not file patent infringement claims for dietary supplements using the 5-methyl isomer as a folate deficiency remedy. Immaterial (to Merck) but entertaining -- and good news for Gnosis. Now you. . . know. Be kind to one another. . . GO USA -- spank Belgium!