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Merck Fosamax patent upheld

Executive Summary

Merck's Fosamax (alendronate) will not face generic competition until at least August 2007, following a decision by Wilmington, Del., federal court to uphold a method of use patent for the osteoporosis drug Nov. 4. Teva intends to appeal the decision...

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Merck Fosamax once-weekly dose will not face generic competition until 2019, under a ruling by the Wilmington, Del. federal court to uphold a method of use patent (no. 5,994,329) for the 35 mg and 70 mg strengths of the osteoporosis agent. Teva plans to appeal the decision; the company is also awaiting a ruling on its appeal of the same court's decision to uphold Merck's method of use patent covering the Fosamax (alendronate) once-daily products (1"The Pink Sheet" Nov. 11, 2002, In Brief)...

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