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US Judge Upholds Validity Of Merck's Vytorin Patent

By Peter Loftus Of DOW JONES NEWSWIRES A federal judge has upheld the validity of a U.S. patent covering Merck & Co.'s (MRK) Vytorin cholesterol-lowering drug, which could stave off competing generic copies for several years. In an opinion released Friday, U.S. District Judge Jose Linares in federal court in Newark, N.J., said a patent for Vytorin was valid and enforceable. Merck, based in Whitehouse Station, N.J., said in a recent regulatory filing it expects its U.S. exclusivity for Vytorin and a related drug, Zetia, to expire in April 2017. Mylan Inc. (MYL) had applied for U.S. Food and Drug Administration approval to sell a generic version of Vytorin before its patent protection expired, arguing that the patent was invalid and unenforceable. Schering-Plough, which was acquired by Merck in 2009, filed a patent-infringement lawsuit against Mylan in late 2009, seeking to block Mylan's product. A trial was held in December 2011, leading to Judge Linares's opinion Friday. On a conference call with analysts Friday morning, Merck Chief Executive Kenneth Frazier said he was anticipating a favorable decision. "We believe this is a patent that is valid and enforceable," he said. A Mylan spokeswoman couldn't immediately be reached. Earlier Friday, Merck reported first-quarter Vytorin sales of $444 million and Zetia sales of $614 million. Merck previously reached a settlement of patent litigation for Zetia with generics manufacturer Glenmark Pharmaceuticals. The pact will allow Glenmark to sell generic Zetia in December 2016, subject to final regulatory approval. -By Peter Loftus, Dow Jones Newswires; +1-215-982-5581; peter.loftus@dowjones.com

Stock News for Mylan Inc. (MYL)
DateTimeHeadline
09/02/201517:23:49Current Report Filing (8-k)
09/02/201508:00:00Mylan Confirms the U.S. Patent and Trademark Office Institutes...
08/28/201515:15:05Registration Statement for Securities to Be Issued in Business...
08/28/201508:20:00Mylan Holders Approve Perrigo Purchase
08/28/201508:03:00Perrigo Confident Its Shareholders Will Reject Mylan's Value...
08/28/201507:21:00Mylan Shareholders Overwhelmingly Approve Proposed Acquisition...
08/25/201514:59:00Mylan Confirms the U.S. Patent and Trademark Office Institutes...
08/25/201514:13:00Mylan Launches Generic Zosyn® Injection
08/25/201513:20:00Mylan Comments on Misleading Statements Made by Perrigo
08/21/201515:19:00Mylan Clarifies Certain Inaccuracies by Third Parties Related...
08/20/201517:06:39Additional Proxy Soliciting Materials (definitive) (defa14a)
08/20/201517:03:39Additional Proxy Soliciting Materials (definitive) (defa14a)
08/18/201511:31:00Mylan Statement in Response to FDA Warning Letter Relating to...
08/18/201507:30:00Mylan Confirms First-to-File Patent Challenge Relating to Zytiga®
08/14/201513:30:00Paulson & Co. Votes in Support of Mylan's Proposed Merger with...
08/14/201511:07:00ISS Affirms Perrigo's Position That Proposed Mylan Transaction...
08/14/201509:18:00Mylan Responds to ISS Recommendation Regarding Perrigo Transaction
08/14/201509:00:51Proxy Adviser Says Mylan Holders Should Shun Perrigo Deal
08/14/201508:50:00Additional Proxy Soliciting Materials (definitive) (defa14a)
08/13/201507:00:00Mylan Lowers Acceptance Condition on Perrigo Offer to Greater...

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