Fed. Circ. Affirms Merck Win In Vytorin, Zetia Patent Case

Law360, New York (February 7, 2013, 6:30 PM EST) -- The Federal Circuit ruled Thursday that a Merck & Co. Inc. unit can enforce a patent for an active ingredient in the cholesterol drugs Vytorin and Zetia, snuffing out generic-drug maker Mylan Inc.'s challenge to the patent's validity.

A three-judge Federal Circuit panel affirmed a district court's ruling that found Merck Sharp & Dohme Corp.'s U.S. Patent Number RE42,461 was both valid and enforceable, according to a two-page per curiam order. The Federal Circuit's order comes just two days after the two sides squared off at...
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