Drug wholesalers have sued Merck in the District of New Jersey alleging that it violated the antitrust laws in two ways. First, the complaint alleges that Merck obtained a patent for its Singulair asthma and allergy drug through fraud on the patent office, and in particular for failing to disclose its own prior art. Second, Merck filed a baseless patent infringement suit to delay FDA approval of Teva’s generic version of Singulair even though Merck knew that its patent was invalid. The complaint is said to mirror Teva’s counter-claim against Merck.