Bloomberg News

Merck Sues Sandoz, Intas Over Proposed Generic Copy of Emend

June 05, 2012

Merck & Co. (MRK:US) sued the Sandoz unit of Swiss drugmaker Novartis AG (NOVN) and Intas Pharmaceuticals Ltd. (INTAS) to block them from selling generic forms of Emend, which prevents nausea and vomiting from chemotherapy.

Sandoz, the generic-drug maker, and Intas’s Accord Healthcare unit seek U.S. Food and Drug Administration approval to sell intravenous forms of Emend, according to the lawsuits, filed in federal court in Trenton, New Jersey.

Merck, the second-largest U.S. drugmaker, said the Sandoz and Accord drugs would infringe two patents and seeks a court order to prevent sales until they expire in February 2015 and March 2019. Emend in all forms generated $419 million in sales last year, an 11 percent rise over 2010, Whitehouse Station, New Jersey-based Merck said in its annual report.

The Sandoz case was filed May 31, and the Accord complaint was filed June 1. Eric Althoff, a spokesman for Novartis, declined to comment on the lawsuit. Samir Mehta, the president of Durham, North Carolina-based Accord, didn’t immediately return a call seeking comment.

The cases are Merck v. Accord Healthcare, 12-cv-3324 and Merck v. Sandoz Inc., 12-cv-3289, U.S. District Court, District of New Jersey (Trenton).

To contact the reporters on this story: David Voreacos in Newark, New Jersey, at; Susan Decker in Washington at

To contact the editors responsible for this story: Michael Hytha at; Bernard Kohn at MRK US <Equity> NOVN VX <Equity> INTAS IN <Equity>

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