Merck Wins TEMODAR® Patent Infringement Lawsuit on Appeal

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Tuesday, November 9, 2010 2:46 pm EST

Dateline:

WHITEHOUSE STATION, N.J.

Public Company Information:

NYSE:
MRK
"We invest heavily in R&D to discover innovative medicines like TEMODAR, and we will vigorously defend our intellectual property rights."

WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Merck & Co., Inc. said today that a federal appellate court ruled in its favor in a TEMODAR patent infringement suit against Barr Laboratories, an affiliate of Teva Pharmaceuticals.

By a 2-1 vote, the appellate court rejected Barr's arguments and reversed a lower court ruling that the U.S. patent was unenforceable.

"The court appropriately ruled that the patent for TEMODAR in the U.S. is enforceable," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "We invest heavily in R&D to discover innovative medicines like TEMODAR, and we will vigorously defend our intellectual property rights."

Teva had been seeking FDA approval to sell a generic version of the 5, 20, 100, 140, 180 and 250 mg capsules of TEMODAR. In connection with Teva's prior agreement not to launch during the appeal, Merck agreed that it will not object to Teva's launch of a generic version of TEMODAR in August 2013. The U.S. patent and exclusivity periods otherwise will expire on February 2014.

Schering Corporation filed the patent infringement lawsuit against Barr in July 2007. A trial was held in U.S. District Court for the District of Delaware in October 2009.

About Merck

Today's Merck is a global healthcare leader working to help the world be well. Merck is known as MSD outside the United States and Canada. Through our prescription medicines, vaccines, biologic therapies, and consumer care and animal health products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching policies, programs and partnerships. For more information, visit www.merck.com.

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Merck & Co., Inc.
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