Judge rules against Teva on Merck's allergy drug patent

A federal judge in New Jersey ruled yesterday in favor of drugmaker Merck & Co. in a patent fight with Teva Pharmaceutical Industries, which wants to sell a generic version of the blockbuster drug Singulair.

Teva Pharmaceuticals USA had been seeking approval from U.S. regulators to sell its generic brand. The popular pill treats asthma and hay fever. U.S. District Judge Garrett Brown Jr. yesterday issued an injunction preventing Teva from selling copycat versions in the U.S. until the Merck patent expires in August 2012.

Bruce Kuhlik, general counsel for Whitehouse Station, N.J.-based Merck, said in a statement that the ruling was appropriate, and that the company vigorously defends its patent rights.

Teva said in a statement that it "is currently reviewing the court's decision to determine its next course of action."

Teva is the world's biggest generic drugmaker and the No. 12 pharmaceutical company based on global revenue. Merck is the world's No. 8 drugmaker, but will leapfrog to No. 2 when it closes its $41.1 billion acquisition of Schering-Plough Corp. in the fourth quarter.