Delisting strategy of proprietaries against generics
To ensure that companies such as Ranbaxy and Ivax do not make a killing by exclusively selling generic versions of its $5.9-billion cholesterol-lowering drug Zocor (simvastatin) for 180 days after the patent expires, Merck & Co. decided to delist two patents - US RE36481 and US RE36520 - expiring in 2008 and 2009 respectively.
According to analysts, had the patents continued to be listed, Ranbaxy could have gained $60-70 million during the six-month exclusivity on the 80-mg version of the drug.
Merck has also received a shot in the arm with the Federal Trade Commission of the view that innovators should be allowed to de-list wrongfully listed patents.
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