U.S. District Court Rules Against Merck in NASONEX® (mometasone furoate monohydrate) Patent Lawsuit

WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Merck (NYSE: MRK), known as MSD outside the United States and Canada, announced today that the U.S. District Court for the District of New Jersey ruled against the company in a patent infringement suit against Apotex Inc. and Apotex Corp.

“Today's decision reflects just one step in the lengthy patent litigation process, and we plan to review all of our options, including a likely appeal of the decision.”

"While we are pleased with the court's ruling that the patent for NASONEX is valid, we are disappointed the court ruled that this patent would not be infringed by the Apotex product. We believe the patent for NASONEX in the United States is valid and would be infringed by the Apotex product," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "Today's decision reflects just one step in the lengthy patent litigation process, and we plan to review all of our options, including a likely appeal of the decision."

The patent at issue in this case is U.S. Patent No. 6,127,353 that covers mometasone furoate monohydrate, the active ingredient in NASONEX and which provides exclusivity for this form of mometasone until April 3, 2018.

Apotex is seeking U.S. Food and Drug Administration (FDA) approval to sell a generic version of NASONEX.

Judge Peter G. Sheridan presided over the trial. Merck was represented by the law firms Weil, Gotshal & Manges LLP and Gibbons P.C.

About Merck

Today's Merck is a global healthcare leader working to help the world be well. Merck is known as MSD outside the United States and Canada. Through our prescription medicines, vaccines, biologic therapies, and consumer care and animal health products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching policies, programs and partnerships. For more information, visit www.merck.com and connect with us on Twitter, Facebook and YouTube.

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