Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, No. 17-1560 (Fed. Cir. Feb. 9, 2018)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Merck Sharp & Dohme Corp. (“Merck”) owns U.S. Patent No. 6,127,353, which claims mometasone furoate monohydrate, the active ingredient in Merck’s Nasonex ® nasal product. Amneal Pharmaceuticals LLC (“Amneal”) submitted an A bbreviated New Drug Application (“ANDA”) to the U.S. Food & Drug Administration (“FDA”) seeking approval to market a generic momet a- sone furoate nasal spray. Merck filed an infringement suit in the District of Delaware alleging that Amneal’s proposed ANDA product would infringe the ’353 patent if approved by the FDA.