Merck Statement On NASONEX® (mometasone furoate monohydrate) Patent Trial in the U.S. District Court for the District of New Jersey

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April 4, 2012 8:00 am ET

WHITEHOUSE STATION, N.J., April 4, 2012 – Merck (NYSE: MRK), known as MSD outside the United States and Canada, firmly believes its patent for NASONEX nasal spray is valid and infringed and will vigorously defend its intellectual property rights in a bench trial against Apotex Inc. and Apotex Corp. that began in U.S. federal court today.

Merck sued Apotex for infringing U.S. Patent No. 6,127,353, which covers mometasone furoate monohydrate, the active ingredient in NASONEX nasal spray, and which is scheduled to expire in 2018.

Judge Sheridan will preside over the trial. Merck is represented in the case by the law firms Weil, Gotshal & Manges LLP and Gibbons P.C.

About Merck
Today’s Merck is a global healthcare leader working to help the world be well. Merck is known as MSD outside the United States and Canada. Through our prescription medicines, vaccines, biologic therapies, and consumer care and animal health products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching policies, programs and partnerships. For more information, visit www.merck.com and connect with us on Twitter, Facebook and YouTube.

Forward-Looking Statement
This news release includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company’s plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck’s management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.

The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that all of the expected synergies from the merger of Merck and Schering-Plough will not be realized, or will not be realized within the expected time period; the impact of pharmaceutical industry regulation and health care legislation in the United States and internationally; Merck’s ability to accurately predict future market conditions; dependence on the effectiveness of Merck’s patents and other protections for innovative products; and the exposure to litigation and/or regulatory actions.

Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck’s 2011 Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov).

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