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Merck says court ruled in its favor over patent-infringement suit

Clyde Edgerton by Clyde Edgerton
June 13, 2023
in Markets
Merck says court ruled in its favor over patent-infringement suit
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Drugmaker Merck & Co.
MRK,
+0.12%
on Tuesday said that a U.S. district court had validated U.S. patent protection for its neuromuscular drug Bridion through “at least January 2026.” The announcement followed what the company said was a favorable ruling from the U.S. District Court for the District of New Jersey over a patent-infringement lawsuit related to the drug, which according to the FDA is administered to reverse the effects of other drugs used to paralyze a patient’s vocal cords and allow breathing-tube insertion for surgery. Merck said the court “found that Merck correctly calculated the Patent Term Extension period for the primary patent related to Bridion (sugammadex).” That extension, it said, “is designed to restore some of the patent life lost during the regulatory review process for new drugs.” The case stems from lawsuits Merck filed in 2020 against 16 generic-drug makers looking to make generic versions of Bridion. The other drugmakers argued that the Patent Office incorrectly measured that patent extension. Shares were largely unchanged after hours.

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