2 European Courts Reject Fosamax Patents

Law360 (February 25, 2008, 12:00 AM EST) -- In a double whammy for a Merck & Co. subsidiary, two European courts have separately knocked down the drug manufacturer’s key patent covering a generic version of its osteoporosis drug Fosamax, according to a rival maker of generic drugs.

Teva Pharmaceutical Industries Ltd. said Monday that courts in the Netherlands and France have each found Merck Sharp & Dohme’s European patent related to alendronate to be invalid.

The Hague District Court revoked Merck’s European Patent Number 1,175,904 on Feb. 13 after determining it lacked inventive step,...
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