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Judge Upholds Merck Patent Protection

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From Reuters

Merck & Co. said a U.S. district court judge upheld its patent protection for osteoporosis medicine Fosamax.

The company said Judge Joseph Farnan of the U.S. District Court in Wilmington, Del., ruled Merck’s key patent covering Fosamax is valid and would be infringed by two proposed generic versions made by Teva Pharmaceutical Industries Ltd. and Ivax Corp.

The ruling ensures Merck will have patent protection for Fosamax until 2007.

Shares of Whitehouse Station, N.J.-based Merck fell 38 cents to $53.68 on the NYSE before the news was announced.

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