By Memorandum Order entered by The Honorable Gregory M. Sleet in Bristol-Myers Squibb Co., et al. v. Merck & Co., Inc., et al., Civil Action No. 15-560-GMS (D.Del., March 17, 2016), the Court denied defendant’s motion to dismiss the complaint which argued that the patent-in-suit, United States Patent No. 9,067,999 (“the ‘999 patent”), claims ineligible subject matter pursuant to 35 U.S.C. § 101. In denying the motion, the Court found that defendant had not met its burden to prove by clear and convincing evidence that the ‘999 patent is invalid on its face for failing to cover patent-eligible subject matter under 35 U.S.C. § 101. Id. at 3.
A copy of the Memorandum Order is attached.