Supreme Court Lets Merck Loss In Fosamax Case Stand

Law360, New York (October 17, 2005, 12:00 AM EDT) -- In a setback for Merck & Co., the U.S. Supreme Court has rejected the company’s appeal of a decision that shaved a decade off the patent for blockbuster osteoporosis drug Fosamax.

The decision lets stand a ruling by the U.S. Court of Appeals for the Federal Circuit that the patent on the once-weekly osteoporosis drug Fosamax will expire in February 2008, a decade earlier than expected.

The court denied Merck's appeal without comment. Chief Justice John Roberts and Justices Sandra Day O'Connor and Stephen Breyer had...
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