Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA; TASE: TEVA) today announced that the Hague District Court in the Netherlands two weeks ago revoked the Dutch part of Merck Sharp & Dohme's (MSD) European Patent to Fosamax Once Weekly (Alendronate), due to lack of inventive step. 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.
MSD is a subsidiary of Merck & Co. (NYSE: MRK).
Two days after the Dutch ruling, the Tribunal de Grande Instance de Paris, decided that MSD Somerset’s supplementary protection certificate covering the use of Alendronate for the treatment of urinary tract stones and bone resorption (bone loss) was invalid for lack of inventive step.
Teva added Merck may appeal both decisions.
Teva is facing lawsuits concerning Alendronate (generic Fosamax) products in a number of European companies from MSD and other parties. Teva is already marketing Alendronate 10mg and 70mg dosages in various European countries.
Earlier this month, the US Food and Drug Administration (FDA) granted Teva's application for generic Fosamax for sale in the US.
Published by Globes [online], Israel business news - www.globes-online.com - on February 25, 2008
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