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EMD Serono Announces Appeals Court Decision

  EMD Serono Announces Appeals Court Decision

Business Wire

ROCKLAND, Mass. -- April 15, 2013

A Pennsylvania appellate court recently decided that the collaboration
agreement that EMD Serono Inc., a subsidiary of Merck KGaA, Darmstadt,
Germany, and Pfizer Inc. entered into in July 2002 for the co-promotion of the
multiple sclerosis treatment Rebif^® (interferon beta-1a) extends until
December 31, 2015.

EMD Serono, which developed Rebif, had contended that the collaboration should
end on December 31, 2013, based on the provisions of the agreement governing
extension of the term, and had filed a complaint seeking a court declaration
to that end. A lower court ruled that the agreement extends through 2015 and
the appellate court affirmed that decision. EMD Serono has asked the appellate
court to reconsider its ruling. Unless the court grants the request on or
before June 7, it will be deemed denied.

EMD Serono remains committed to the success of Rebif and its efforts to
promote Rebif. The decision will have no impact on patients or supply of Rebif
and does not change the company’s Rebif business plans and growth prospects in
the US.

About EMD Serono

EMD Serono, Inc., a subsidiary of Merck KGaA, Darmstadt, Germany, is a leader
in the US biopharmaceutical arena, integrating cutting-edge science with
unparalleled patient support systems to improve people's lives. The company
has strong market positions in neurodegenerative diseases, endocrinology and
in reproductive health. In addition, EMD Serono is growing its expertise and
presence in the area of oncology, with more than 15 projects currently in
development. With a clear focus on the patient and a leadership presence in
the biopharmaceutical industry, EMD Serono’s US footprint continues to grow,
with approximately 1,000 employees around the country and fully integrated
commercial, clinical and research operations in the company’s home state of
Massachusetts.

For more information, please visit www.emdserono.com

About Merck KGaA

Merck KGaA of Darmstadt, Germany, is a leading pharmaceutical, chemical and
life science company with total revenues of €11.2 billion in 2012, a history
that began in 1668, and a future shaped by approx. 39,000 employees in 66
countries. Its success is characterized by innovations from entrepreneurial
employees. Merck KGaA's operating activities come under the umbrella of Merck
KGaA, in which the Merck family holds an approximately 70% interest and free
shareholders own the remaining approximately 30%. In 1917 the U.S. subsidiary
Merck & Co. was expropriated and has been an independent company ever since.

For more information, please visit www.merckserono.com or www.merckgroup.com.

Contact:

EMD Serono
Erin-Marie Beals, 781-681-2850
 
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