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Teva Won’t Sell Generic Vytorin Until 2017 Under Accord

Teva Pharmaceutical Industries Ltd. agreed that it won’t sell generic versions of the cholesterol drugs Vytorin and Zetia until 2017, settling patent lawsuits with Merck & Co., court records show.

Merck, the second-largest U.S. drugmaker, and Teva, the world’s largest generic-drug maker, filed an agreement yesterday in federal court in Newark, New Jersey, that said Teva wouldn’t sell copies of the drugs until April 25, 2017. The agreement settles lawsuits that Merck’s Schering unit filed in 2009 and 2010 to prevent Teva from selling generic versions of the drugs.

Zetia accounted for $2.3 billion in sales last year and Vytorin for $2 billion for Merck, based in Whitehouse Station, New Jersey. A trial in which Merck is seeking to block Mylan Inc. from selling generic versions of Zetia and Vytorin is scheduled to begin Dec. 5, said Ron Rogers, a spokesman for Merck.

“This agreement has no impact on the Mylan case,” Rogers said in an interview.

Denise Bradley, a spokeswoman for Teva, said the Petach Tikva, Israel-based company had no comment.

The cases are Schering Corp. v. Teva Pharmaceuticals USA Inc., 10cv1058 and 10cv4473, both U.S. District Court, District of New Jersey (Newark).

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