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Merck Loses Fintasteride Patent Suit

This article was originally published in PharmAsia News

Executive Summary

In the fintasteride patent lawsuit between Merck and Henan Topfond Pharmaceutical, Beijing Municipal Higher People's Court has delivered the verdict that Merck's fintasteride patent is invalid. The ruling brings to an end the four years' drug patent infringement suit that involved an administrative investigation, two appeals and two court trials. In 2004, Topfond received a production license from China's State FDA for its self-developed fintasteride tablet for hair growth, but could not launch the product due to Merck's holding the drug's patent granted by China State Intellectual Property Office. Topfond applied for an administrative reconsideration that Merck's patent lacked creativity and innovation, thus should be invalidated. After winning the case, Topfond can now begin large-scale production of its fintasteride tablet, which will lower the medical fees for local patients. (Click here for more - Chinese Language)



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