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Merck Revives Spat With Teva Over Fosamax

Law360 (May 11, 2006, 12:00 AM EDT) -- In a long-simmering patent dispute over blockbuster osteoporosis drug Fosamax, Merck & Co. is striking back at Israeli generic maker Teva Pharmaceuticals, saying Teva garnered a Federal Circuit victory last year by withholding one of its own patent applications in a move Merck is calling a “grave miscarriage of justice.”

The U.S. Court of Appeals for the Federal Circuit ruling, handed down in January 2005, held that the patent on the once-weekly osteoporosis drug Fosamax, U.S. Patent No. 5,994,329, would expire in February 2008, a decade...
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