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Merck's Fosamax Patent Reinstated In E.U.

Law360 (March 29, 2007, 12:00 AM EDT) -- In a surprise victory for Merck & Co., the European Patent Office reinstated Wednesday the drug maker's critical patent for its osteoporosis drug Fosamax Once Weekly, nearly three years after it was first declared invalid.

In 2004, the EPO revoked a critical patent for Fosamax’ once weekly treatment that would have expired in 2018. Based on other patents, Fosamax was still protected in most major European markets until around 2007.

But Merck won a reversal of fortunes when the office approved a new filing for the...
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