Merck sues Teva over mometasone furoate nasal spray

Following the submission by Teva of an ANDA for a generic mometasone furoate nasal spray, Merck has filed suit in the US District Court alleging infringement of US patent 6,127,353. The patent is due to expire in October 2017.

In June 2012, a US District Court judge upheld the validity of the patent in a suit by Merck against Apotex but ruled that Merck had failed to prove infringement.

According to Merck, the company received notification on May 22, 2014 that Teva had filed an ANDA for the generic version of Nasonex and that the application included a certification that the ‘353 patent is “invalid, unenforceable, or will not be infringed.” The complaint, filed July 3, says that Teva refused to provide Merck with either a copy of the ANDA or samples of the nasal spray.

Merck is asking for a ruling that the product infringes on the ‘353 patent and for a permanent injunction preventing Teva from manufacturing, importing, or selling the product in the US prior to expiration of the patent.

Read the Merck complaint.