Merck Scores Patent Extension Win In EU High Court

Law360, New York (December 9, 2011, 5:22 PM EST) -- The European Union’s highest court handed Merck & Co. Inc. a victory Thursday in its bid to win extended patent protection for a diabetes drug, ruling drugmakers should receive extensions for pediatric testing even if their drugs win marketing approval within five years.

The European Court of Justice ruled that the EU's pharmaceutical regulatory framework is designed to guarantee patent holders up to 15 years of exclusivity from the time they receive marketing approval with another six months of protection to make up for time spent...
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