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11 Dec, 2007 8:35 pm
By Donald Zuhn -- Last month, the Federal Circuit affirmed a District Court's finding on summary judgment that Merck & Co.,
Inc. had not obtained favorable rulings in two prior proceedings by fraud. The prior proceedings included an infringement suit involving U.S. Patent Nos. 5,573,780 (the '780
patent) and 5,690,962...
7 Feb, 2008 3:35 pm
Corporate Integrity Agreement Between the Department of Health and Human Services Office of Inspector General and Merck & Co.
Inc.,...
29 Mar, 2007 9:27 pm
By Sherri Oslick --- In a case testing the interplay between terminal disclaimers and patent term extensions under the Hatch-Waxman Act, the Federal Circuit, in affirming the judgment
of the district court, held that patent term extensions could - nay should - be applied to terminally disclaimed patents, leaving Merck's...
14 Aug, 2008 9:50 pm
... CO: Faces 655 Product Liability Cases Over Fosamax Drug", published by Lloyds Corporate Litigation Reporter: Merck & Co.,
Inc., as of June 30, 2008, faced approximately 655 product liability cases involving Fosamax drug, ... that its osteoporosis drug Fosamax can cause bisphosphonates-induced
osteonecrosis of the jaw (ONJ). As with the Vioxx litigation, Merck is vowing to fully defend itself in the Fosamax litigation. According to
the August 14 Lloyds Corporate Litigation Reporter article: As ...
5 Jun, 2008 8:23 am
Actavis UK Ltd v Merck and Co Inc Court of Appeal "Unlike human rights law, where the Court of Appeal had to refer to the House
of Lords a case involving a decision of the European Court of Human Rights which conflicted with an earlier Court ... a settled view of European patent law which was inconsistent with
that earlier decision." The Times, 5th June 2008 Source: www.timesonline.co.uk Please note the Times Law Reports are only free on Times Online for 21 days from the date ...
17 Jul, 2008 4:23 am
... an Article III case or controversy exists continues to evolve regarding the extent to which federal district courts can exercise jurisdiction in patent cases, most recently in
Merck & Co. v. Apotex, Inc. (nonprecedential). The dispute was over Apotex's ANDA filing for a generic version of
Merck's Fosamax® drug for treating osteoporosis. At issue were Merck's Orange Book-listed patents for
Fosamax®, including U.S. Patent Nos. 4,621,077 (claiming the active ...
25 Aug, 2008 4:10 am
... its declaratory judgment jurisdiction jurisprudence ever since the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included SanDisk Corp.
v. STMicroelectronics, Inc ... , Inc., Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., and just last week, Prasco LLC v. Medicis
Pharmaceutical Corp. The trend continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a per curiam
decision from a panel made up of CAFC Judges Mayer and ...
19 Mar 2:18 pm
... beneficial and that the drug rights to Remicade will not be lost. II. Background In its merger, Merck and Schering-Plough devised a unique
reverse merger. In the following section, the reverse ... change hands. Instead, under the reverse merger a subsidiary of Schering-Plough will be acquiring Merck and thus, bypass the change of control clause. III. Benefits and Costs ... Market Watch, Mar. 9, 2009, [www.marketwatch.com]. [3] Press Release,
Merck Co., Inc, supra note 1. [4] Id. [5] Val Brickates Kennedy ...
14 Feb, 2007 12:05 pm
The IRS today announced (IR-2007-35) that it has settled several disputed tax issues with Merck Co., Inc.. The IRS contended that
Merck owed $3.8 billion in federal taxes, interest, and penalties for 1993-2001, and Merck agreed to
pay $2.3 billion...
19 Apr, 2007 7:33 am
Article in the Washington Post -- Merck Net Jumps 12 Percent, by Linda A. Johnson of the Associated Press. Here's an excerpt:Merck Co. Inc. said Thursday its first-quarter profit jumped 12 percent, as the drugmaker posted sharply higher sales of...
7 Mar, 2007 8:59 pm
By Christopher P. Singer Avalon Pharmaceuticals® announced in a March 7, 2007 press release a collaboration with Merck Co., Inc.
for drug discovery, development, and commercialization of inhibitors of a target that is important in cancer development. Avalon brings its AvalonRx® screening technology platform to
the collaboration and will screen...
29 Sep, 2008 12:01 pm
... Notice of Class Action Claims so as to Commence Statute of Limitations Third Circuit Holds "[Plaintiffs], purchasers of Merck &
Co., Inc. stock, filed the first of several class action securities fraud complaints on November 6, 2003 ... class actions were consolidated" leading, eventually, to the
filing of a fourth amended consolidated class action complaint. In re Merck, at 15. Defense attorneys moved to dismiss the class action
complaint on the grounds that plaintiffs were on "inquiry notice" ...
11 Aug 8:34 pm
... some background, courtesy of the Third Circuit's opinion: Appellants, purchasers of Merck & Co., Inc. stock, filed the
first of several class action securities fraud ... 6, 2003, alleging that the company and certain of its officers and directors (collectively, "Merck") misrepresented the safety profile and commercial viability of Vioxx, a pain reliever that was withdrawn ... Rotella, 528 U.S. at 560. Like I said:
Catch-22. According to Merck, you can't sue until you have enough evidence to show ...
16 Apr, 2007 5:38 am
... risk of heart attack and misrepresented the drug's safety. In re Merck & Co., Inc., Securities, Derivative & "ERISA"
Litig., ___ F.Supp ... dated September 17, 2001 and published on the FDA website, the FDA "admonished Merck for misrepresenting the safety
profile of Vioxx, downplaying the cardiovascular findings of the . . . study," id., at 8 ... and two-year statutes of limitation. Slip Opn., at 31. Download PDF file of In re
Merck & Co., Inc., Securities, Derivative & "ERISA" Litigation ...
23 Jun 2:44 pm
... , Singulair. Concerns over "behavioral issues" with Singulair developed over the past year. Merck periodically updated the drug's labels to
include warnings for tremors, depression and ... Singulair data do not suggest suicide link": U.S. regulators on Tuesday said their review of clinical trials does not suggest
Merck & ... Communication with Updated Information on Leukotriene Inhibitors, Including SINGULAIR® (montelukast sodium) -- June 12, 2009
press release from Merck & Co., Inc. (6/24/09) ...
11 Nov, 2008 9:20 am
Since January 2008, Merck and Co., Inc. ("Merck") and its joint venture partner,
Schering-Plough, Corp. ("Schering-Plough") have been under investigation for ... are investigating various aspects of the marketing of Vytorin. The Civil Division of the DOJ is
investigating whether Merck's promotion and sales of Vytorin caused false claims to be submitted to federal ... , and seek damages for personal
injuries and/or seek medical monitoring. For a copy of Merck & Co, Inc.'s Form 10-K, please click here.
26 Mar, 2007 5:21 am
... Court Holds Plaintiffs filed a putative products liability class action against Merck in New Jersey state court purporting to represent
individuals "who had taken the drug ... 2004" and alleging damages arising from the use of Vioxx. Sinclair v. Merck & Co.,
Inc., 913 A.2d 832, 833-34 (N.J.App. ... action complaint prayed for the formation of "a court-administered medical screening program, funded by Merck, 'to provide for and/or reimburse medical and diagnostic tests for each member of the Class ...
9 Nov, 2007 9:55 am
... .85 Billion Payment WHITEHOUSE STATION, N.J., Nov. 9, 2007 - Merck & Co., Inc. today announced that it has entered into
an agreement with the law firms that ... , including records sufficient for a scientific evaluation of independent risk factors; * The agreement provides that Merck does not admit causation or fault; * Neither stroke claims that are hemorrhagic in nature nor ... in Item 1A of Merck's Form 10-K for the year ended Dec. 31, 2006, and in its periodic reports on Form 10-Q and Form 8-K, ...
18 Sep, 2007 7:55 pm
... did not cause the heart attack of Refik Kozic. In Kozic v. Merck & Co., Inc., Mr. Kozic claims that he used VIOXX for
approximately nine ... Editor for the Mass Tort Litigation Blog, disagrees with Professor Liang's assessment of the Merck strategy. He candidly
weighs in giving two strong arguments. Professor Stier ... professors make valid arguments, however, they lead to additional questions: "Why is Merck so successful with their Vioxx cases? What makes this drug bullet proof in the courtroom ...
9 Oct, 2007 5:23 am
... new Hearing on Approval of Class Acton Settlement Second Circuit Holds Plaintiffs filed a class action Merck-Medco managed Case, L.L.C.,
a/k/a Medco Health Solutions, Inc., a pharmaceutical benefits manager (PBM), and its former parent company Merck & Co.
Inc. (collectively Medco) alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA) for breach of fiduciary duties. Gruer v. Merck-Medco Managed Care, LLC, ___ F. 3d ___ (2d Cir. October 4, 2007) [ ...
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