Merck Answers USPTO In Singulair Patent Re-Exam

By Leigh Kamping-Carder

Law360, New York (November 10, 2009, 3:56 PM ET) -- Merck & Co. has responded to an early finding from the U.S. Patent and Trademark Office that its patent covering blockbuster asthma and allergy drug Singulair is invalid, although it may be too late to affect the pharmaceutical giant's ongoing feud with generics maker Teva Pharmaceutical Industries Ltd.

Merck filed its response to the patent authority's re-examination of U.S. Patent Number 5,565,473, which expires in 2012, following the USPTO's initial determination in September rejecting certain claims of the patent, a spokesman for the company confirmed on...
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