An Evolving Work-In-Progress -- Of Merck's "In-Substance" Pending-Patent Cliffs

This draft below will soon be integrated with the earlier Schering-Plough "in substance" patent cliff table -- to set forth the "New Merck" in-substance patent cliff picture -- in one plain-English, and convenient summary table. Let me know if any of you see any errors in the work thus far ("Old" Merck, only here):

Brand Name	2008 Sales	Chemical Name	Claim First Filed	30 Month Expiry/ At-Risk Date	Likely Competitor
Singulair®	$4.3B	montelukast	February 2007	August 22, 2009a	Teva
Primaxin®	$760M	imipenem/cilastatin	January 2007	September 1, 2009b	Ranbaxy Labs
Cozaar®	$3.5B	losartan	N/A	February 11, 2010c	Multiple
Emend®	$264M	aprepitant	January 2009	June 2011	Sandoz
Nexium®	$1.4B	esomeprazole	October 2005	May 27, 2014d	Ranbaxy
Fosamax®	$1.5B	alendronate	.	Lost exclusivity in 2008	numerous
Trusopt/Cosopt®	$780M	dorzolamide	.	Lost exclusivity in 2008	numerous
Proscar®	$320M	finasteride	.	Lost exclusivity in 2006	numerous
Zocor®	$660M	statin family		Lost exclusivity in 2006	numerous
TOTAL:	$13.4 Billion

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Note a: Trial completed February 2009; awaiting decision; no launch yet, despite window being open since August 22, 2009.

Note b: By agreement, Ranbaxy may launch September 1, 2009.

Note c: First Cozaar patents expire in February and April 2010. Many likely competitors after those dates.

Note d: Despite the in-substance launch window opening in April of 2008, Raxaby and Merck (along with partner AstraZeneca) entered a settlement agreement keeping a generic form of Nexium off the market until May of 2014. The United States Federal Trade Commission (the "FTC") is now formally investigating this settlement agreement -- looking into, among other matters, its potential for improper anticompetitive effects. In that regard, Merck and AstraZeneca each received an investigative document demand from the FTC -- in July 2008 -- regarding the settlement agreement with Ranbaxy. Merck is cooperating with the FTC in responding to the document demand.

More to come, as ever.