Sterne Kessler Delivers Another Federal Circuit Victory for Hopewell Pharma in Ongoing Patent Dispute

Washington, D.C. (January 26, 2026) – The U.S. Court of Appeals for the Federal Circuit has upheld a precedential ruling in favor of Sterne, Kessler, Goldstein & Fox client Hopewell Pharma Ventures.

In a case involving Merck’s EMD Serono unit, the Federal Circuit declined to reconsider an earlier decision invalidating Merck’s key patents for its multiple sclerosis drug MAVENCLAD. The decision upholds rulings by the Patent Trial and Appeal Board in favor of Hopewell that found Merck’s patent claims obvious. The Federal Circuit clarified the application of the term “by another” in pre-AIA 35 U.S.C. §§ 102(a) and (e) when a prior-art reference and a challenged patent share overlapping inventors. The Court held that when “the patented invention is the result of the work of joint inventors, the portions of the reference disclosure relied upon must reflect the collective work of the same inventive entity identified in the patent to be excluded as prior art.”

“We are delighted that the Federal Circuit has once again ruled in our favor, correctly applying settled law,” said Dr. Jonathan Embleton, Hopewell’s co-founder and CEO. “Sterne Kessler has again demonstrated its ability to litigate skillfully and successfully at the PTAB and on appeal, and we are grateful for the result.”

The Sterne Kessler team was led by director J.C. Rozendaal. It also included directors Eldora Ellison, Ph.D., Olga Partington, Ph.D., Chandrika Vira, and Richard Crudo, and counsel Christina Dashe and Tyler Liu.

Hopewell Pharma Ventures is a U.S. pharmaceutical company that develops generic drugs to ensure that patients have the earliest possible access to lower-cost alternatives. Hopewell was supported in this legal battle by its financial partner GLS Capital.

To read more on the earlier Federal Circuit decision in this case, click here.

The most recent ruling can be found here.