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

ergies. Worldwide sales for 2008 of SINGULAIR were $4.3 billion, per the full-year 2008 financial results released by Merck on February 3, 2009. In accordance with FDA procedure, Teva is stayed from generic drug production until Aug. 2009, unless the court extends the stay. Developments from the U.S. Patent Office can provide fundamental information to the parties to drive resolution of the litigation.

"The public deserves a second review by the U.S. Patent Office based on new prior art that was not before them when the original case was allowed. Our community uncovered critical references about the alleged invention and what was known to the scientists at the time," said Cheryl Milone, founder of Article One Partners. "Reexamination presents a balanced approach, putting key information that Merck has presented was not known at the time it applied for the patent, before the Patent Office."

Studies Close for Boniva and Protonix, Strengthening Both Patents with Validity Opinions

In the opinion of Article One, the validity of the patents for these drugs is strengthened. Article One has closed its patent study related to the drug Boniva, a Hoffmann-La Roche Inc. drug prescribed for the treatment of osteoporosis, with an opinion of validity. Article One also closed its patent study related to Protonix, the brand name for the Patent Holder Wyeth's pantoperazole sodium drug, administered to inhibit gastric acid secretion in and to protect the stomach and intestines of warm-blooded animals.

Importantly, only a U.S. federal court or the U.S. Patent Office can invalidate a U.S. patent. Article One is announcing only its own opinion based on its analysis of the prior art for purposes of determining winners to its Patent Studies. A court or the Patent Office may disagree with Article One's opinion. The prior art is listed in the announcement of the winning Patent Study and may be viewed on Article One's websi
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SOURCE Article One Partners, LLC
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