Merck Statement on United States Patent & Trademark Office Decision to Reexamine the SINGULAIR® Patent

WHITEHOUSE STATION, N.J., May 29, 2009 - Merck & Co., Inc., today provided the following statement regarding the decision by the U.S. Patent and Trademark Office (PTO) to reexamine the SINGULAIR patent. 

Reexamination is an administrative procedure within the PTO that can be initiated by any person. Essentially, if a potential new issue of invalidity is raised, the PTO will examine this issue and determine whether it should take any further action regarding the current claims of the patent. In the event that the PTO decides further action is warranted, it may amend or revoke the claims in the patent.

The reexamination is under the direction of the PTO and we cannot speculate how long it will take.  According to the PTO website, the average time it takes the PTO to decide ex parte reexaminations is roughly 24 months.  The PTO's decision can be appealed to the Court of Appeals for the Federal Circuit before it becomes final.

Merck firmly believes that the SINGULAIR patent is valid and enforceable. We do not believe that the reexamination will affect the litigation currently pending in the U.S. between Merck and Teva.

About Merck
Merck & Co., Inc., is a global research-driven pharmaceutical company dedicated to putting patients first.  Established in 1891, Merck currently discovers, develops, manufactures and markets vaccines and medicines to address unmet medical needs.  The Company devotes extensive efforts to increase access to medicines through far-reaching programs that not only donate Merck medicines but help deliver them to the people who need them.  Merck also publishes unbiased health information as a not-for-profit service.  For more information, visit www.merck.com.
 
Forward-Looking Statement
This statement contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995.  These statements are based on management's current expectations and involve risks and uncertainties, which may cause results to differ materially from those set forth in the statements.  The forward-looking statements may include statements regarding product development, product potential or financial performance.  No forward-looking statement can be guaranteed and actual results may differ materially from those projected.  Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise.  Forward-looking statements in this press release should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the risk factors and cautionary statements in Item 1A of Merck's Form 10-K for the year ended Dec. 31, 2008, and in any risk factors or cautionary statements contained in the Company's periodic reports on Form 10-Q or current reports on Form 8-K, which the Company incorporates by reference.

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