Teva says Dutch part of MSD's Fosamax patent revoked

3 March 2008

Israel's Teva Pharmaceutical Industries says the Hague District Court in the Netherlands, decided to revoke the Dutch part of Merck Sharp & Dohme's (part of US drug major Merck & Co) European patent no 1,175,904, due to lack of inventive step, which relates to Fosamax (alendronate) 70mg once-weekly. This is the first European court decision on the merits of this patent, which is currently being litigated by Teva in Belgium, France, Italy, Sweden and Spain as well as in the European Patent Office.

On February 15, the Tribunal de Grande Instance de Paris, France, decided that MSD Somerset's supplementary protection certificate SPC 96C0032 covering the use of alendronate for the treatment of urolithiase and bone resorption was invalid for lack of inventive step, says Teva.

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