Merck Sues Ivax Over Generic Fosamax

Merck & Co. said smaller rival Ivax Pharmaceuticals Inc. infringed its patents to create a version of Fosamax, a drug that treats bone loss associated with age.

Lawyers for Merck say in a lawsuit filed Monday in federal court in Delaware that Ivax is using the inventions, patented between 1986 and 2001, and has applied to the Food and Drug Administration to sell a generic version of Fosamax in the U.S.

Shares of Whitehouse Station, N.J.-based Merck rose 49 cents to $44.50 on the NYSE. Shares of Miami-based Ivax rose 46 cents to $12.45 on the American Stock Exchange.