"Based on testimony offered and the tone of the proceedings, in our view the most likely outcome is that Merck's patent no. 5,565,473 will be upheld."
Barclays Capital has reviewed the transcripts of the patent trial between Merck & Co. (NYSE: MRK) and Teva Pharmaceutical Industries Ltd. (Nasdaq:TEVA; TASE:TEVA) about Merck's Singulair asthma and allergic rhinitis treatment.
Barclays Capital noted, "Based on testimony offered and the tone of the proceedings, in our view the most likely outcome is that Merck's patent no. 5,565,473 will be upheld should there be no out-of-court settlement (which remains a possibility). If the court rules in favor of Merck, Teva will be unable to launch generic montelukast before the August 2012 patent expiry, barring appeal."
Barclays expects a ruling before the expiration of the 30-month stay in August 2009.
Published by Globes [online], Israel business news - www.globes-online.com - on March 8, 2009
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