But not before BMS got the patent on it. Merck lost the EU patent fight on it and Friday BMS filed suit in the U.S. BMS noted in their filing that Merck knew they did not have the patent rights because they had lost in the EU on the exact same issue. BMS will seek to block Merck from manufacturing the drug and, if the lawsuit goes forward (i.e. no settlement) BMS will use the fact that Merck forged ahead after losing the EU case to demonstrate 'willfullness'. Why does that matter? Oh, because if they can prove it (looks like an easy task) the damages amount TRIPLES under law from any jury award.
This has 'reverse merger' written all over it. Remember that? When the legal eagles of Merck thought they had come up with a way to buy Schering and screw J&J out of Remicaide? Instead Merck paid a premium for Schering and then had to BUY the rights from J&J. The best lawyers money can buy!