Ed Silverman, over at Pharmalot, has done an especially good job of providing the background materials and links -- do go read all of his -- but once again, a legacy Schering-Plough asset (here, the intellectual property embodied in the NuvaRing® hormonal device) is at the center of a patent dispute. Once again, I am given pause -- to wonder about whether Merck overpaid.
Here's a bit of Ed's on it, from Friday (whilst I was off the grid):
. . . .the US International Trade Commission has agreed to investigate a complaint hinging on a patent dispute involving different drugmakers. This time around, Femira Pharma accuses Merck and numerous retailers, including CVS Caremark Wal-Mart, of infringing on a patent because the drugmaker and pharmacies import or sell Merck’s NuvaRing vaginal ring birth control device. . . .
Femira argues its patent generally relates to a medicated intravaginal device, such as a vaginal ring, for transvaginal delivery of a medication to a woman’s uterus. Femira also maintins the drug delivery system described in its patent allows delivery in lower concentrations than those needed for systemic treatment and so offers a lower systemic concentration and fewer side effects. . . .
NuvaRing is one of the many products that Merck obtained as part of its acquisition of Schering-Plough and was the biggest seller in its portfolio of women’s health products. Last year, NuvaRing, which contains estrogen and progestin, generated $559 million in sales. . . .
Do stay tuned. . . .
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