The pharmaceutical company Merz has won a significant stage in a patent dispute in the United Kingdom against the American competitor Allergan Inc. in a case relating to the pharmaceutical Xeomin® as approved for Germany. The decision was issued today by the United Kingdom`s High Court of Justice and declares the patent as issued to Allergan invalid for the territory of Great Britain.

Based on Merz´s application, the High Court of Justice has invalidated the grant of a patent to Allergan Inc., Irvine, USA relating to the use of a neurotoxic component of botulinum toxin for treating pain related to muscle activities for the territory of Great Britain. This patent with the patent number EP-B1 1 366 770 was granted in 2005 by the European Patent Office for a variety of European member states, including Germany and Great Britain.

“We are pleased about this verdict” notes the CEO of the Merz Group, Prof. Dr. Bernhard Scheuble and further explains “The decision of the English court constitutes an important step for the successful marketing of our product.”

On Merz
The focus of Merz is on pharmaceuticals for treating neurological and psychiatric diseases and disorders. Merz is a leader in the area of Alzheimer research. Merz has developed Memantine, the first active ingredient worldwide for treating moderate to severe stages of Alzheimer's disease. World wide, Memantine is the second largest product in the group of Alzheimer medication. A further area of competence of Merz is clinical and aesthetic dermatology. Besides the pharmaceuticals market, Merz is active in the health sector outside of pharmacies. Based on the established trademarks tetesept® and Merz Spezial, the company is the leading provider of products for self medication, nutraceuticals and beauty and wellness for the German speaking market. A subsidiary of Merz, Senator GmbH, is a world wide leader for writing instruments used as promotional items.

World wide, the Merz Group employs 1,900 people.

Merz Pharmaceuticals GmbH, Frankfurt am Main, has announced today the purchase of Denfleet Pharma Ltd., a UK based, privately owned pharmaceutical company. Merz intends to utilise Denfleet's expertise and strong hospital presence, particularly in the CNS area, to create a launch pad for future activities in the UK. This acquisition forms part of a Europe wide strategy for expansion.

"With its established products and out-performing sales organization, Denfleet Pharma perfectly complements Merz Pharmaceuticals' strategic corporate focus in the CNS area. It will also provide a basis for future product launches in the promising UK market," comments Dr. Martin Zügel, CEO of Merz Pharmaceuticals, on the acquisition.

"This represents another major step in expanding our European presence following the establishment of our subsidiary in Italy last year," said Dr. Jochen Huckmann, Chairman of the Board of Merz.

Merz Fact File

• Merz , a multinational company has three subsidiaries: Merz Pharmaceuticals, Merz Consumer Care, and Merz Dental
• Merz Pharmaceuticals products range from prescription drugs and OTC medicines to products for dentists and dental technicians.
• With 1,169 employees, Merz Pharmaceuticals generated approximately €349 million Euro in revenues in the fiscal year 2004/05.
• Headquarters in Frankfurt, Germany
• Merz concentrates research and development on drugs for neurological and psychiatric diseases such as Alzheimer's dementia, Parkinson's disease, and neuromuscular disturbances such as dystonia and spasticity
• Key products include:
  • Axura® (Alzheimer's)
  • PK-Merz® (Parkinson's)
  • Solvex® (depression)
  • Contractubex® / Mederma® (scars)
  • Naftin® (fungal diseases)
  • Pantogar® / Pantovigar® (hair loss)
  • Pantostin® (hair loss)
  • Hyal-System® (wrinkles)
  • Hepa-Merz® (liver-related brain impairment)
  • Lipo-Merz retard® (lipid metabolism disorders)
  • Xeomin® (Blepharospasm; Cervical Dystonia)
  • tetesept® (OTC drugs)
  • Merz Spezial® (beauty care)

Denfleet Fact File

• Founded in 1994
• Concentrates on the licensing, marketing and distribution of speciality pharmaceutical products in the areas of neurology and psychiatry.
• Denfleet's main product, Denzapine (clozapine) is an atypical antipsychotic agent used in the treatment of schizophrenia and is particularly useful in patients who are resistant to other therapies.
• To maximise patient safety, Denfleet Pharma set up the Denfleet Clozapine Monitoring Service (DCMS), a web based monitoring service, to ensure that all patients are effectively monitored. Before treatment with Denzapine can be initiated, patients must be enrolled with the DCMS and have regular blood samples throughout.
• Employs 26 staff
• Turnover in fiscal year 2005/6 was £5.2 million pounds ( €8.1 million Euro)
• Based in London and Elstree, Hertfordshire