Barr Gets Tentative OK for Generic Fosamax

Barr Laboratories Inc. received Food and Drug Administration approval for its generic copy of Merck & Co.’s top-selling osteoporosis drug Fosamax, pending the outcome of a legal challenge.

Merck sued Barr last year to prevent it from making a copy of Fosamax, claiming patent infringement. Merck owns patents covering the processes for producing the drug. Those patents don’t begin to expire until 2007.

The FDA decision allowing Barr to sell the medicine will take effect only if Barr wins the patent case or when the manufacturing patents expire, Barr said.

Shares of Pomona, N.Y.-based Barr rose $1.55 to $67.98 on the NYSE.