Mixed US court ruling on Merck & Co's Nasonex patent

The US District Court for the District of New Jersey has ruled against US drug giant Merck & Co (NYSE: MRK) in a patent infringement suit against Apotex Inc and Apotex Corp relating to the firm’s allergy drug Nasonex (mometasone furoate monohydrate).

Judge Peter Sheridan separately dismissed Apotex' counterclaim that Merck's patent was invalid. "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," said Bruce Kuhlik, executive vice president and general counsel of Merck, in a statement.

Canada-headquartered generics maker Apotex is seeking US Food and Drug Administration (FDA) approval to sell a generic version of Nasonex. Merck filed the law suit claiming its patents for Nasonex are valid and enforceable and are due to expire in 2014 and 2017. Worldwide sales of Nasonex were $1.3 billion in 2011 and $375 million in the first quarter of 2012.