Teva Wins Appeal Over Merck's Fosamax Patent

Law360, New York (January 30, 2005, 12:00 AM EST) -- In an unexpected decision that could prove economically damaging for U.S. drug maker Merck, the U.S. Court of Appeals for the Federal Circuit has found that one of the patents for its best-selling osteoporosis treatment Fosamax is invalid.

Handing a victory to Israeli challenger Teva Pharmaceuticals Ltd., the Federal Circuit found that U.S. Patent No. 5,994,329 was invalid, and reversed and vacated an August 2003 ruling by the U.S. District Court for the District of Delaware which had upheld the validity of the patent.

The patent...
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