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Saturday, March 15, 2025 4:26:31 PM
$HALO I uploaded both Merck's petition and Halozyme response to ChatGPT and asked it which company has a stronger argument. Here is what it said:
“At this stage, Halozyme presents a more compelling response because:1. If PGR eligibility fails, Merck’s case ends.2. Claim construction issues undermine Merck’s arguments on § 112 and § 103.3. Merck’s enablement attack is strong, but the Board may find Halozyme’s rebuttal (that it does not require undue experimentation) persuasive.
Thus, unless Merck overcomes the claim construction and eligibility hurdles, Halozyme’s arguments are more likely to prevail before the Patent Trial and Appeal Board (PTAB).”
“At this stage, Halozyme presents a more compelling response because:1. If PGR eligibility fails, Merck’s case ends.2. Claim construction issues undermine Merck’s arguments on § 112 and § 103.3. Merck’s enablement attack is strong, but the Board may find Halozyme’s rebuttal (that it does not require undue experimentation) persuasive.
Thus, unless Merck overcomes the claim construction and eligibility hurdles, Halozyme’s arguments are more likely to prevail before the Patent Trial and Appeal Board (PTAB).”
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