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Merck Wins Appeal of First VIOXX(R) Case to go to Trial
Date:5/30/2008

Ernst trial, which led to a verdict on Aug. 19, 2005, Merck was represented by Gerry Lowry of Fulbright & Jaworkski, L.L.P. of Houston and David C. Kiernan of Williams & Connolly, L.L.P. of Washington D.C. Merck's appellate counsel are Katherine D. Mackillop of Fulbright & Jaworski L.L.P. in Houston and Charles C. Lifland of O'Melveny & Myers LLP in Los Angeles.

Merck's appellate counsel in the Cona and McDarby cases are Douglas S. Eakeley of Lowenstein, Sandler LLP and Charles C. Lifland of O'Melveny & Myers LLP in Los Angeles.

Forward-Looking Statement

This press release contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and involve risks and uncertainties, which may cause results to differ materially from those set forth in the statements. The forward-looking statements may include statements regarding product development, product potential or financial performance. No forward-looking statement can be guaranteed and actual results may differ materially from those projected. Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements in this press release should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the risk factors and cautionary statements in Item 1A of Merck's Form 10-K for the year ended Dec. 31, 2007, and in any risk factors or cautionary statements contained in the Company's periodic reports on Form 10-Q or current reports on Form 8-K, which the Company incorporates by reference.


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