Merck & Co., Inc. Loses Nasonex Patent Case

Merck & Co, Inc lost a patent infringement lawsuit against Apotex Inc on Friday over Apotex's plans to market a generic version of the nasal allergy spray Nasonex. U.S. District Judge Peter Sheridan in Trenton, New Jersey, dismissed Merck's complaint for patent infringement after finding it had failed to present sufficient evidence during a trial in April. The judge separately dismissed Apotex's counterclaim that Merck's patent was invalid. "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," Bruce Kuhlik, general counsel of Merck, said in a statement.

Back to news