In Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., the Federal Circuit affirmed PTAB decisions holding Merck’s patents unpatentable as obvious and clarified what “by another” means in pre‑AIA 35 U.S.C. §§ 102(a) and (e). The court held that a prior reference is treated as “by another” (and thus qualifies as prior art) unless the disclosure reflects the joint work of the same inventive entity as the challenged patent.
