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Judge backs Merck in Singulair patent case

TRENTON, N.J. --- The patent for Merck & Co.'s blockbuster allergy and asthma drug is valid, a federal judge ruled Wednesday, handing the drugmaker a crucial victory in its 21/2-year legal battle to block a rival from selling a cheaper generic version.

U.S. District Judge Garrett E. Brown Jr. upheld the patent for Singulair, which as Merck's top-selling drug provides about one-sixth of its annual revenue. Judge Brown also issued an injunction that prevents Israel's Teva Pharmaceuticals from selling generic Singulair, a long-term drug to prevent asthma and allergy flare-ups, in the United States until the patent expires in August 2012.

In other news

TRANSPORTATION SECRETARY Ray LaHood assured car dealers Wednesday that they will be reimbursed for the money they have fronted to customers buying cars under the Cash for Clunkers program, responding to complaints over a backlog of rebate payments.

SHIPPING GIANT UPS is being accused in a lawsuit of not paying overtime to account managers who go door-to-door making sales pitches to businesses. It seeks a jury trial, more than $100 million in damages and attorneys' fees.

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