Mass. Federal Judge Refuses to Dismiss Singulair Lawsuit for Lack of Jurisdiction

BOSTON — A Massachusetts federal judge has refused to dismiss a Singulair case for lack of personal jurisdiction, ruling the Merck defendants availed themselves of the privilege of conducting business in the state via their manufacturing, marketing and selling activities.

In a March 31 order, Senior Judge Timothy S. Hillman of the U.S. District Court for the District of Massachusetts concluded Merck has sufficient “minimum contacts” with Massachusetts because it advertised, sold, and distributed Singulair within the commonwealth for several years.

Singulair was patented by Merck in 1996 and was approved by the FDA in 1998. Merck was the …