Merck Statement Regarding CUBICIN® (daptomycin for injection) Patent Litigation

KENILWORTH, N.J.--()--Merck (NYSE:MRK), known as MSD outside the United States and Canada, issued the following statement regarding the decision of the U.S. Court of Appeals for the Federal Circuit. The decision validated the patent for CUBICIN® (daptomycin for injection) that expires on June 15, 2016, but invalidated four patents with expiration dates in 2019 and 2020.

The company is reviewing the decision and is considering its next steps, which may include seeking further review at the Federal Circuit or Supreme Court.

About Merck

Today’s Merck is a global health care 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 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 health care through far-reaching policies, programs and partnerships. For more information, visit www.merck.com and connect with us on Twitter, Facebook, YouTube and LinkedIn.

Forward-Looking Statement of Merck & Co., Inc., Kenilworth, N.J., USA

This news release of Merck & Co., Inc., Kenilworth, N.J., USA (the “company”) includes “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. These statements are based upon the current beliefs and expectations of the company’s management and are subject to significant risks and uncertainties. If underlying assumptions prove inaccurate or risks or uncertainties materialize, actual results may differ materially from those set forth in the forward-looking statements.

Risks and uncertainties include but are not limited to, general industry conditions and competition; general economic factors, including interest rate and currency exchange rate fluctuations; the impact of pharmaceutical industry regulation and health care legislation in the United States and internationally; global trends toward health care cost containment; technological advances, new products and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approval; the company’s ability to accurately predict future market conditions; manufacturing difficulties or delays; financial instability of international economies and sovereign risk; dependence on the effectiveness of the company’s patents and other protections for innovative products; and the exposure to litigation, including patent litigation, and/or regulatory actions.

The company undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in the company’s 2014 Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov).

Contacts

Merck
Media:
Lainie Keller, 908-236-5036
Steve Cragle, 908-740-1801
or
Investors:
Teri Loxam, 908-740-1986
Justin Holko, 908-740-1879

Release Summary

Merck (NYSE: MRK), known as MSD outside the United States and Canada, issued the following statement regarding the decision of the U.S. Court of Appeals for the Federal Circuit.

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Contacts

Merck
Media:
Lainie Keller, 908-236-5036
Steve Cragle, 908-740-1801
or
Investors:
Teri Loxam, 908-740-1986
Justin Holko, 908-740-1879