Merck Settles Patent Infringement Case for Zetia® (ezetimibe)

Merck Settles Patent Infringement Case for Zetia® (ezetimibe)
WHITEHOUSE STATION, N.J., May 10, 2010 - Merck & Co., Inc. and Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals, Ltd. have reached an agreement to settle their patent litigation involving Glenmark's challenge to Merck's patent covering ZETIA® (ezetimibe). Specifically, Glenmark challenged Merck's basic compound patent, RE 37,721 (the "721 patent") on numerous grounds.

Under the agreement, Glenmark will be able to launch their product on December 12, 2016 or earlier under certain circumstances, ahead of the April 25, 2017 expiration of Merck's patent exclusivity for ZETIA.

This settlement effectively ends the lawsuit that was scheduled to begin on May 12, involving a challenge by Glenmark which sought to launch a generic version of ZETIA before the April 2017 expiration of the patent exclusivity covering ZETIA.

Forward-Looking Statement
This news release includes "forward-looking statements" within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company's plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck's management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.

The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that the expected synergies from the merger of Merck and Schering-Plough will not be realized, or will not be realized within the expected time period; the impact of pharmaceutical industry regulation and health care legislation; the risk that the businesses will not be integrated successfully; disruption from the merger making it more difficult to maintain business and operational relationships; Merck's ability to accurately predict future market conditions; dependence on the effectiveness of Merck's patents and other protections for innovative products; the risk of new and changing regulation and health policies in the U.S. and internationally and the exposure to litigation and/or regulatory actions.

Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck's 2009 Annual Report on Form 10-K and the company's other filings with the Securities and Exchange Commission (SEC) available at the SEC's Internet site (www.sec.gov).
 
 
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