2009 May : US PTO Litigation Alert™

Merck’s Singular Patent to be Reexamined

| May 20, 2009

The Patent Office has granted reexamination on Merck’s U.S. Patent No. 5,565,473 which covers its extremely successful allergy drug SINGULAIR. Sales of the drug are said to total about $4 billion per year.

The Patent Office concluded that each of seven prior art references cited in the Reexamination Request “raises a substantial new question of patentability as to claims 1, 7 and 18-22 of the ‘473 patent. One of the references was cited during the original ‘473 prosecution, but the others were not.
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