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US Judge Upholds Validity Of Merck's Vytorin Patent

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04/28/2012 | 12:03am CET
   By Peter Loftus 

A federal judge has upheld the validity of a U.S. patent covering Merck & Co.'s (>> Merck & Co., Inc.) 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; [email protected]

Stocks mentioned in the article : Merck & Co., Inc.
Stocks mentioned in the article
ChangeLast1st jan.
MERCK AND COMPANY 0.76% 55.67 Delayed Quote.-1.07%
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Financials ($)
Sales 2018 41 736 M
EBIT 2018 13 782 M
Net income 2018 8 485 M
Debt 2018 13 131 M
Yield 2018 3,50%
P/E ratio 2018 17,17
P/E ratio 2019 13,81
EV / Sales 2018 3,88x
EV / Sales 2019 3,71x
Capitalization 149 B
Duration : Period :
Merck and Company Technical Analysis Chart | MRK | US58933Y1055 | 4-Traders
Technical analysis trends MERCK AND COMPANY
Short TermMid-TermLong Term
Income Statement Evolution
Mean consensus OUTPERFORM
Number of Analysts 22
Average target price 66,5 $
Spread / Average Target 20%
EPS Revisions
Kenneth C. Frazier Chairman, President & Chief Executive Officer
Robert M. Davis CFO & Executive Vice President-Global Services
Clark Golestani Chief Information Officer & Executive VP
Roy D. Baynes Chief Medical Officer
Thomas Henry Glocer Independent Director
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