Merck Misled USPTO In Singulair Patent Case: Teva

Law360, New York (September 9, 2008, 12:00 AM EDT) -- Generic-drug maker Teva Pharmaceuticals USA Inc. on Monday sought to compel Merck & Co. Inc. to divulge what Teva alleges is prior art information that could undermine a patent for the best-selling allergy drug Singulair.

Merck's Barbados-based affiliate, Merck Sharp & Dohme Pharmaceuticals SRL, sued Teva in April 2007 in the U.S. District Court for the District of New Jersey, claiming Teva's abbreviated new drug application with the U.S. Food and Drug Administration for a generic version of Singulair violates its patent.

The complaint claims Teva...
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