Federal Circuit Rules for Merck in Patent Dispute with Teva

Law360, New York (October 31, 2003, 12:00 AM EST) -- The United States Court of Appeals for the Federal Circuit ruled in favor of pharmaceutical company Merck in a patent dispute with Israeli generics maker Teva Pharmaceutical Industries over Merck's Fosamax® tablets.

In a two to one decision, the three-judge panel affirmed the decision of the Federal District Court for Delaware that Merck & Co.’s patent covering the use of sodium alendronate was valid; that the patent term extension was proper; and that Teva’s proposed alendronate formulations would infringe Merck’s patent.

Fosamax is used for the...
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