Merck's manufacturing information not trade secrets, court rules

Merck Frosst Canada ($MRK) has reached the end of the legal line in its fight over whether manufacturing and clinical study information the company gave Health Canada were trade secrets protected from release to competitors under Canada's access-to-information law. Merck provided the information on Singulair, an asthma drug that it ultimately removed from the market, as part of the compliance process with the government's Food and Drug Regulations. When competitors asked for the information, and Health Canada agreed to provide it, Merck cried foul. It sued claiming competitors could piece together enough from the data to gain a competitive advantage. The Supreme Court upheld a lower court's ruling that the information was not protected. News | Pharmalot's take