Merck & Co launches complaint over generic copies of its Fosamax in France
Several producers of generic drugs in France have launched copy versions of Merck & Co's osteoporosis product Fosamax, (alendronate), triggering a formal complaint from the USA-headquartered group. The companies are Biogaran, Merck Generiques (a subsidiary of the German Merck KGaA group), Ratiopharm, EG Labo and Arrow.
The Fosamax patent does not run out until 2008, but the generics companies are reportedly contesting its validity. One firm claims that "the molecule was known before the patent was applied for in 1996" and some of the other drugmakers are pointing to the experience in the UK where generics companies have won legal actions on patent issues.
Arrow has already started a legal action to have Merck's patent declared invalid but has not waited for the court decision before launching its product.
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