In its motion for summary judgment, Merck maintained, among other things, that the evidence showed that the company acted responsibly and truthfully in its communications about VIOXX with the State of Texas, doctors in the state and the U.S. Food and Drug Administration. Merck further pointed out that the TMFPA was not designed to apply to claims such as those brought by the state, and that the state had failed to elicit any evidence demonstrating that Merck had caused the state damages. After reviewing the briefs of the parties and hearing oral argument, the court rejected the state's claims, dismissing each of them with prejudice.

"We are gratified with the court's ruling," said Bruce Kuhlik, executive vice president and general counsel of Merck. "Merck remains committed to communications that help patients and their physicians choose medicines based on accurate, fair and balanced information."

Merck vigorously defended the lawsuit for over four years in Texas state court in Austin. By dismissing the claims, the court concluded that a trial of the state's claims was not necessary.

The Texas case was the first of twelve similar lawsuits filed by state attorneys general around the country to reach a final judgment at the trial court level. A trial in the case filed against Merck by the Louisiana Attorney General is scheduled to begin in federal court in New Orleans on April 12, 2010.

Merck has and will continue to vigorously defend all of these cases.

Status of Litigation

Merck voluntarily withdrew VIOXX from the market on September 30, 2004. In November of 2007, Merck entered into an agreement to resolve state and federal myocardial infarction and ischemic stroke personal injury claims filed or tolled by Nov. 9, 2007. More than 99 percent of all eligible personal injury claimants enrolled in the program, and the program is proceeding as scheduled.

About Merck

Today's Merck is working to help the world be well. Through our medicines, vaccines, biologic therapies, and consumer and animal products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching programs that donate and deliver our products to the people who need them. Merck. Be Well. For more information, visit www.merck.com

Forward Looking Statement

This news release includes "forward-looking statements" within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company's plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck's management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.

The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that the expected synergies from the merger of Merck and Schering-Plough will not be realized, or will not be realized within the expected time period, due to, among other things, the impact of pharmaceutical industry regulation and pending legislation that could affect the pharmaceutical industry; the risk that the businesses will not be integrated successfully; disruption from the merger making it more difficult to maintain business and operational relationships; Merck's ability to accurately predict future market conditions; dependence on the effectiveness of Merck's patents and other protections for innovative products; the risk of new and changing regulation and health policies in the U.S. and internationally and the exposure to litigation and/or regulatory actions.

Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck's 2008 Annual Report on Form 10-K, Schering-Plough's Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2009, the proxy statement filed by Merck on June 25, 2009 and each company's other filings with the Securities and Exchange Commission (SEC) available at the SEC's Internet site: www.sec.gov.

SOURCE: Merck

Merck 
Media: 
Ron Rogers, 908-423-6449 
or 
Investor: 
Carol Ferguson or Joe Romanelli 
908-423-5185

Merck Serono, a division of Merck KGaA, Darmstadt, Germany, announced today plans to strengthen its global research and development (R&D) capabilities by establishing a global R&D center in Beijing, China. Merck Serono is planning to invest more than 150 Million EUR and create more than 200 new qualified jobs over the next four years to set up the China R&D center and conduct R&D activities in China.

"The creation of the China R&D center marks a new milestone in Merck Serono's commitment to China, where there is a rising demand for more healthcare options," said Elmar Schnee, President of Merck Serono. "We are committed to investing in areas that can help China to address some of its public health needs that currently are not met."

"China is a country with talented scientists and high-quality research," added Bernhard Kirschbaum, Executive Vice President, Research and Development for Merck Serono. "We will recruit more R&D talent in China and build a world-class organization in China that will extend our global R&D expertise and capabilities."

The China R&D organization will become one of the key R&D hubs for Merck Serono worldwide. Key hubs so far are Germany, Switzerland and the United States.

The China team will lead drug development for China and other Asian countries, for local clinical trials as well as for the participation in global clinical trials. The team also will ensure the management of collaborations with research institutions in China and continue to look for partnerships with local academic institutions and companies. Research activities conducted in the China R&D center will mainly focus on biomarker research including pharmacogenomics and bioanalytics activities.

Merck Serono already has some research collaborations in China and plans to further develop its collaboration network and build its R&D strategy on more innovation opportunities by tapping into the Chinese scientific expertise.

Merck Serono China currently employs more than 1,000 persons nationwide. Merck Serono China offers a portfolio of innovative medicines, including the division's leading brands serving patients with cancer (Erbitux(R)), multiple sclerosis (Rebif(R)), infertility (Gonal-f(R)), endocrine and metabolic disorders (Saizen(R)), as well as cardiometabolic diseases (Concor(R), Euthyrox(R)).

About Merck Serono

Merck Serono is the division for innovative prescription pharmaceuticals of Merck KGaA, Darmstadt, Germany, a global pharmaceutical and chemical company. Headquartered in Geneva, Switzerland, Merck Serono discovers, develops, manufactures and markets innovative small molecules and biopharmaceuticals to help patients with unmet medical needs. In the United States and Canada, EMD Serono operates through separately incorporated affiliates.

Merck Serono has leading brands serving patients with cancer (Erbitux(R), cetuximab), multiple sclerosis (Rebif(R), interferon beta-1a), infertility (Gonal-f(R), follitropin alpha), endocrine and metabolic disorders (Saizen(R) and Serostim(R), somatropin), (Kuvan(R), sapropterin dihydrochloride) as well as cardiometabolic diseases (Glucophage(R), metformin), (Concor(R), bisoprolol), (Euthyrox(R), levothyroxine). Not all products are available in all markets.

With an annual R&D expenditure of around EUR 1bn, Merck Serono is committed to growing its business in specialist-focused therapeutic areas including neurodegenerative diseases, oncology, fertility and endocrinology, as well as new areas potentially arising out of research and development in autoimmune and inflammatory diseases.

About Merck

Merck is a global pharmaceutical and chemical company with total revenues of EUR 7.6 billion in 2008, a history that began in 1668, and a future shaped by approximately 33,000 employees in 60 countries. Its success is characterized by innovations from entrepreneurial employees. Merck'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 http://www.merckserono.com or http://www.merck.de

Merck Serono, 9 Chemin des Mines, 1202 Geneva, Switzerland, Media Relations,
Tel.: +41-22-414-36-00

"Solid state lighting is a component of an energy-efficient future," said Dr. Mark Pinto, senior VP, corporate chief technology officer and general manager of Applied's Energy and Environmental Solutions Organization. "OLED technology aligns well with our equipment used for manufacturing flat panel displays. We've already delivered a system that is now in pilot manufacturing at a European lighting manufacturer. Through the LILi project, we expect to further optimize this technology to increase the quality and drive down the cost for OLED lighting applications."

"Merck has a wealth of experience in developing and scaling up the complex organic compounds that are essential for stable OLED manufacturing," said Dr. Udo Heider, VP, Liquid Crystals/OLED, Merck KGaA. "The LILi project is a great opportunity for us to test new organic materials with manufacturing equipment in order to validate their stability and performance on large area substrates."

"Innovation in OLED technology is one of the primary focuses of our institute," said Professor Wolfgang Kowalsky from TU-BS. "We're pleased to partner with Applied Materials and Merck to evaluate how our new high-efficiency OLED lighting device structures will perform in an industrial-scale environment."

The total cost of the OLED project will amount to approximately EUR7.49 million, which includes EUR3.26 million to be provided by the German Federal Ministry of Education and Research and EUR4.23 million to be contributed by the industry partners. The grant (FKZ 13N10611) is part of the BMBF's "OLED 2 - Organic Light Emitting Diodes - Phase 2" initiative, which seeks to support OLED collaborative research and encourage OLED manufacturing in Germany.

Merck is a global pharmaceutical and chemical company.

The Braunschweig University of Technology is the oldest technical university in Germany. It was founded in 1745 and is member of TU9, an incorporated society of the German Institutes of Technology.

Applied Materials is a developer of nanomanufacturing technology solutions with a portfolio of equipment, service and software products for the fabrication of semiconductor chips, flat panel displays, solar photovoltaic cells, electronics and energy efficient glass.

((Comments on this story may be sent to newsdesk@closeupmedia.com))

About Ligand Pharmaceuticals

Ligand discovers and develops new drugs that address critical unmet medical needs of patients with muscle wasting, frailty, hormone-related diseases, osteoporosis, inflammatory diseases, anemia, asthma, rheumatoid arthritis and psoriasis. Ligand's proprietary drug discovery and development programs are based on advanced cell-based assays, gene-expression tools, ultra-high throughput screening and one of the world's largest combinatorial chemical libraries. Ligand has strategic alliances with major pharmaceutical and biotechnology companies, including Bristol-Myers Squibb, Celgene, Cephalon, GlaxoSmithKline, Merck and Pfizer. With more than 20 molecules in various stages of development, Ligand utilizes proprietary technologies for identifying drugs with novel receptor and enzyme drug targets.

Caution Regarding Forward-Looking Statements

This news release contains forward-looking statements by Ligand that involve risks and uncertainties and reflect Ligand's judgment as of the date of this release. These statements include those regarding data analysis and evaluation of product candidates and plans for continued development of product candidates that are the subject of the research collaboration with Merck. Actual events or results may differ from Ligand's expectations. For example, there can be no assurance that trials or evaluations of any product candidates will be favorable, that Ligand will receive any milestone payments or royalties in the future, that product candidates developed through the collaboration with Merck will provide utility or benefits to patients, or that commercial development of any product candidates will be initiated. The failure to meet expectations with respect to any of the foregoing matters may reduce Ligand's stock price. Additional information concerning risk factors affecting Ligand can be found in prior press releases available at www.ligand.com as well as in public periodic filings with the Securities and Exchange Commission, available via www.sec.gov. Ligand disclaims any intent or obligation to update these forward-looking statements beyond the date of this press release. This caution is made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.

SOURCE: Ligand Pharmaceuticals Incorporated

Ligand Pharmaceuticals Incorporated 
John L. Higgins, President and CEO or 
Erika Luib, Investor Relations 
858-550-7896 
or 
Lippert/Heilshorn & Associates 
Don Markley, 310-691-7100 
dmarkley@lhai.com