Teva, Israel’s leading drug company. has announced that courts in both the Netherlands and France separately invalidated Merck Sharp & Dohme’s (subsidiary of Merck & Co.) European patent for alendronate.
The Dutch ratification of European Patent No. 1,175,904 was voided due to a lack of inventive step for a once-weekly 70-milligram dose of the drug branded as Fosamax. Two days later, the Paris Court of First Instance ruled that usage of Alendronate in the treatment of urolithiase and bone resorption was invalid for lack of inventive step.
Teva is already marketing alendronate in 10mg and 70mg dosages in various European countries and is involved in litigation with MSD and other parties and is challenging Merck in Belgium, France, Italy, Sweden, Spain and the European Patent Office.
