US pharma giant Merck & Co (NYSE: MRK) has received a favorable ruling from the US Court of Appeals for the Federal Circuit (Washington) in its patent dispute with Mylan (Nasdaq: MYL) over its cholesterol lowerers Zetia (ezetimibe) and Vytorin (ezetimibe and simvastatin), according to reports by Bloomberg and Reuters.
This affirms a District Court ruling last April (The Pharma Letter April 30, 2012). The patent at issue in this trial is RE 42,461 which covers ezetimibe, an active ingredient in both brands and expires April 2017. The simvastatin patent has already expired. Combined sales of Zetia and Vytorin in the USA came in at around $2 billion last year.
Previously, Merck said that it is also suing Impax Laboratories and Actavis over their plans to sell generic versions of Vytorin, although those cases were put on hold pending the outcome of the Mylan case.
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