Sterne Kessler Secures Second Major Win for Hopewell Pharma as Federal Circuit Upholds PTAB Rulings

Washington, D.C. (November 4, 2025) – Sterne, Kessler, Goldstein & Fox secured another significant victory for client Hopewell Pharma Ventures, this time at the U.S. Court of Appeals for the Federal Circuit, which upheld earlier rulings by the U.S. Patent Trial and Appeal Board (PTAB) invalidating key Merck Serono patents covering the multiple sclerosis drug MAVENCLAD®.

The Federal Circuit’s decision marks the second decisive win for Sterne Kessler on behalf of Hopewell following the PTAB’s 2024 decisions that found Merck’s patents claims obvious, dealing a significant blow to Merck Serono’s patent portfolio for cladribine-based therapies. The appeals court’s opinion not only confirmed those findings but also clarified how courts should determine whether an earlier publication qualifies as prior art by another inventive entity.

The court held that an earlier patent reference can be considered “by another” if the inventors of a prior reference differ in any way from those of the challenged claims, a clarification with significant implications for future patent validity disputes.

“We’re very pleased that the Federal Circuit upheld the PTAB’s thoughtful decisions and made this ruling,” said Dr. Jonathan Embleton, co-founder and CEO of Hopewell Pharma Ventures. “The Sterne Kessler team’s deep expertise and strategic guidance were key to this result.”

Sterne Kessler’s team included Directors J.C. Rozendaal, Eldora Ellison, Ph.D., Olga Partington, Ph.D., and Chandrika Vira; 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’s financial partner, GLS Capital, supported them in this legal battle.

The Federal Circuit’s opinions can be found here and here.

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, enhancement, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, technical specialists, specialized trademark paralegals, and law clerks include some of the country’s most respected practitioners of IP law, tackling innovations across a broad spectrum of industries. The firm’s practitioners represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.