Short Summary
Merck has filed a post‑grant review petition challenging U.S. Patent 12,297,278 covering broad tetravalent Wnt‑surrogate antibodies. The petition asserts lack of written description, enablement, indefiniteness, and anticipation by the Garcia publication.
Detailed Summary
In a petition for post‑grant review (PGR2026‑00027), Merck Sharp & Dohme LLC challenges U.S. Patent No. 12,297,278 owned by Surrozen Operating, Inc. The patent claims a genus of soluble, tetravalent, multispecific Wnt‑surrogate molecules defined solely by function. Merck contends that the specification fails to provide a representative number of species, lacks a common structural feature, and offers no guidance for the unpredictable Wnt signaling field, rendering the claims lacking written description, not enabled, and indefinite. Additionally, the petition alleges that claims 1 and 4 are anticipated by the Garcia publication (WO 2016/040895 A1). The Board has yet to decide whether to institute the review.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Merck Sharp & Dohme LLC vs Surrozen Operating, Inc. et al. is valuable context for structuring arguments or assessing risk in similar proceedings.
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