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Article One Partners Uncovers New Prior Art Impacting the Validity of Merck's SINGULAIR Patent
Date:3/9/2009

Article One Asks U.S. Patent Office to Take a Second Look at Patent in a Reexamination Procedure, Based on New Art Uncovered by Article One Community

NEW YORK, March 9 /PRNewswire/ -- Article One Partners LLC has discovered new prior art impacting the validity of Merck & Co.'s SINGULAIR U.S. drug patent. A request is being filed today with the U.S. Patent Office to review the patent in a reexamination proceeding. An independent law firm and an independent expert join Article One's opinion that a substantial new question of patent validity is raised by the success of Article One's research and should be reviewed by the Patent Office. Validity opinions also were announced in the close of research for patents related to the drugs Boniva and Protonix.

The Article One community uncovered two prior art references submitted in the Study of SINGULAIR - MERCK posted on Article One's website, www.ArticleOnePartners.com. A key paper authored by Dr. Robert Young (one of Merck's own scientists) provides a roadmap of how to construct montelukast sodium and was not before the Patent Office when it granted the patent. This was identified by a U.S. graduate student, one of Article One's winners. The second reference came from a winning Advisor in Columbia, South America. It is a patent presenting compounds that are similar in structure to montelukast. The graduate student also uncovered critical new prior art demonstrating what scientists already knew at the time of the alleged invention.

The Study relates to a patent litigation brought by Merck to prevent Teva Pharmaceutical Industries, Limited, from making a generic version of SINGULAIR, for which Merck's patent (U.S. Patent No. 5,565,473) does not expire until 2012. Merck holds the patent for the drug montelukast sodium, which is sold under the brand name SINGULAIR to treat asthma and all
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SOURCE Article One Partners, LLC
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