Merck's Patent Tactics Violate Antitrust Law: Suit

Law360, New York (March 8, 2010, 5:26 PM EST) -- Merck & Co. Inc. has been hit with a proposed antitrust class action alleging it improperly extended its monopoly on the brain cancer drug Temodar by delaying prosecution of the drug's patent and filing sham litigation.

Louisiana Wholesale Drug Co. Inc. filed the suit Friday in the U.S. District Court for the District of Delaware on behalf of anyone who had purchased the drug directly from Merck or its co-defendants since March 5, 2006.

Defendants include the patent holder, U.K.-based Cancer Research Technology Ltd., and Sanofi-Aventis...
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