Patent Infringement Books

Monday, April 30, 2012

Patent Infringement | "Merck wins patent infringement lawsuits against Mylan Pharma"

By : PHARMABIZ.com
Source : http://pharmabiz.com
Category : Patent Infringement


Merck & Co, known as MSD outside the United States and Canada, has won patent infringement suits against Mylan Pharmaceuticals Inc., in respect of Zetia and Vytorin. The US District Court for the District of New Jersey has ruled in Merck's favour in two jointly related patent infringement suits.

"The court appropriately ruled that the patent for Zetia and Vytorin in the US is valid and enforceable," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. The patent at issue in this trial is RE 42,461 which covers ezetimibe, an active ingredient in both Zetia and Vytorin and expires April 2017.

In its decision, the court upheld Merck's patent on Zetia and Vytorin and ruled that the patent was valid and enforceable. Mylan had admitted that its product would infringe the patent. The court also issued an injunction blocking the approval of Mylan's generic versions until the expiration of the patent.

Mylan had been seeking US FDA approval to sell generic versions of Zetia and Vytorin. In December 2009, Merck filed the lawsuit against Mylan in respect of Mylan’s application to the FDA seeking pre-patent expiry approval to sell a generic version of Vytorin and in June 2010, Merck filed a separate lawsuit against Mylan in respect of Mylan's application seeking pre-patent approval to sell a generic version of Zetia.

Source : http://pharmabiz.com/NewsDetails.aspx?aid=68746&sid=2

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