U.S. District Court Rules Against Merck in NASONEX® (mometasone furoate monohydrate) Patent Lawsuit


June 15, 2012 4:05 pm ET

Merck (NYSE: MRK), known as MSD outside the United States and Canada,
announced today that the U.S. District Court for the District of New
Jersey ruled against the company in a patent infringement suit against
Apotex Inc. and Apotex Corp.

“While we are pleased with the court’s ruling that the patent for
NASONEX is valid, we are disappointed the court ruled that this patent
would not be infringed by the Apotex product. We believe the patent for
NASONEX in the United States is valid and would be infringed by the
Apotex product,” said Bruce N. Kuhlik, executive vice president and
general counsel of Merck. “Today’s decision reflects just one step in
the lengthy patent litigation process, and we plan to review all of our
options, including a likely appeal of the decision.”

The patent at issue in this case is U.S. Patent No. 6,127,353 that
covers mometasone furoate monohydrate, the active ingredient in NASONEX
and which provides exclusivity for this form of mometasone until April
3, 2018.

Apotex is seeking U.S. Food and Drug Administration (FDA) approval to
sell a generic version of NASONEX.

Judge Peter G. Sheridan presided over the trial. Merck was represented
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
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more information, visit www.merck.com
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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
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and uncertainties. Actual results may differ from those set forth in the
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The following factors, among others, could cause actual results to
differ from those set forth in the forward-looking statements: the
possibility that 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; the risk that the businesses will not be
integrated successfully; disruption from the merger making it more
difficult to maintain business and operational relationships; Merck’s
ability to accurately predict future market conditions; dependence on
the effectiveness of Merck’s patents and other protections for
innovative products; the risk of new and changing regulation and health
policies in the U.S. and internationally and the exposure to litigation
and/or regulatory actions.

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statement, whether as a result of new information, future events or
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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).

Media Contact: Ron Rogers, (908) 423-6449
Investor Contact: Carol Ferguson, (908) 423-4465

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