Louisiana Wholesale Drug Co., Burlington Drug Co., Miami-Luken Inc., District Council 37 Health & Security Plan and The Guardian Life Insurance Co. are suing Merck and Co. alleging that the company should not have received one key patent for its allergy and asthma drug, Singulair. Generic drugmakers Roxane Pharmaceuticals, Teva Pharmaceutical Industries Ltd., and Mylan Inc. have FDA approval for their versions of Singulair but have been sued by Merck for patent infringements and in doing so Merck has prevented the release of these generics into the market. The US patent office has agreed to investigate the validity of the Singulair patent as the companies filing the suit allege that whilst obtaining the key patent for the drug Merck deceived the US patent office. This review is pending and may take several months.
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