Merck Singulair Patent Survives USPTO Re-Exam

Law360, New York (December 18, 2009, 2:09 PM EST) -- The U.S. Patent and Trademark Office has backed Merck & Co. Inc. in a re-examination of a patent covering the drugmaker's blockbuster asthma and allergy drug Singulair, finding that the disputed patent claims are valid.

The USPTO decided Tuesday to terminate its probe of U.S. Patent Number 5,565,473 based on testimony from a doctor who said it wouldn't have been obvious to alter certain chemical compounds of a previously patented drug process.

“We're satisfied with the response we got from PTO,” said Ron Rogers, a spokesman...
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