Merck Wins U.K. Appeal For Propecia Patent

Law360, New York (May 21, 2008, 12:00 AM EDT) -- Citing European patent law precedents, a U.K. appellate court has reversed a lower court order revoking Merck & Co. Inc.'s patent for male pattern baldness treatment Propecia, finding that Actavis UK Ltd.'s challenge was an “unusual case” in which a change of dosage for a drug was patentable.

The Supreme Court of Judicature Court of Appeal ruled on Wednesday that Merck's patent, which uses the same active ingredient that a drug for prostate enlargement does but at a lower dosage, was novel and nonobvious. A lower...
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