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MERCK SUED BY APOTEX OVER LOST DRUG SALES

August 10, 2005

Merck & Co. said it is being sued by Canadian drug maker Apotex Inc., which seeks damages for lost sales of a generic osteoporosis drug. Merck said Monday in its quarterly report filed with the Securities and Exchange Commission that the Federal Court of Canada refused in May to block the approval of generic alendronate on the ground that Merck's patent for weekly alendronate was likely invalid. The decision can't be appealed, and the drug was launched in Canada in June.

The Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2005/08/09/AR2005080900467.html)