Teva Pharmaceutical Industries Ltd has announced that on April 8, 2008, the Court of First Instance in Brussels, Belgium, decided to revoke the Belgium part of Merck Sharp & Dohme's ("MSD") European Patent No. 1,175,904, due to lack of inventive step.
This patent relates to Fosamax Once Weekly (Alendronate 70mg Once Weekly). This favourable 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 MSD, Teva and other parties, relating to both Alendronate 10mg and Alendronate 70mg. This patent is currently being litigated by Teva in France, Italy, Sweden and Spain as well as in the European Patent Office.
Teva is already marketing Alendronate 10mg and 70mg in various European countries and may market Alendronate 70 mg in Belgium starting April 15, 2008.