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Merck & Co. v. Olin Mathieson Chemical Corp.

253 F.2d 156, 116 U.S.P.Q. 484 (1958)

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Merck & Co. v. Olin Mathieson Chemical Corp.

United States Court of Appeals for the Fourth Circuit
253 F.2d 156, 116 U.S.P.Q. 484 (1958)

Facts

Merck & Company (Merck) (plaintiff) held a patent on vitamin B12 and the process of preparing it. The process involved extraction, concentration, and purification of materials found in certain bacteria. The vitamin proved especially useful in treating pernicious-anemia patients. Merck brought an infringement action against Olin Mathieson Chemical Corporation (defendant) in federal district court. The court held that the patent’s product claims were invalid because the vitamin was a product of nature and thus not statutorily patentable subject matter. Merck appealed to the United States Court of Appeals for the Fourth Circuit.

Rule of Law

Issue

Holding and Reasoning (Haynsworth, J.)

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