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news.Teva Pharmaceutical Industries has said that the Court of First Instance in Brussels has decided to revoke the Belgium part of Merck Sharp & Dohme's European patent due to lack of inventive step.
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The patent relates to Fosamax once weekly (alendronate 70mg once weekly). This favorable decision follows a similar judgment rendered by the Hague District Court in the Netherlands regarding the same patent two months ago. The decision may be appealed.
Teva’s alendronate products are subject to multiple European litigations between Merck Sharp & Dohme (MSD), Teva and other parties, relating to both alendronate 10mg and alendronate 70mg. The patent is currently being litigated by Teva in France, Italy, Sweden and Spain as well as in the European Patent Office.