U.S. District Court Rules Against Merck in Temodar (temozolomide) Patent Lawsuit
The company will appeal the decision
WHITEHOUSE STATION, N.J., Jan. 26, 2010 –
Merck & Co., Inc. announced today that
the U.S. District Court for the District of Delaware ruled against
the company in a patent infringement suit against Teva
Pharmaceuticals USA Inc.
"We are very disappointed with the court's ruling, and we continue
to believe the patent for TEMODAR in the
U.S. is valid and enforceable," said Bruce N. Kuhlik, executive
vice president and general counsel at Merck. "Today's decision
reflects a step in the lengthy patent litigation process, and we
plan to appeal this decision."
Teva is seeking FDA approval to sell a generic version of the 5,
20, 100, 140, 180 and 250 mg capsules of TEMODAR, a
chemotherapeutic agent approved for the treatment of adult patients
with newly diagnosed glioblastoma multiforme and for refractory
anaplastic astrocytoma, two forms of brain cancer.
In her decision, Judge Sue L. Robinson ruled that Merck's patent on TEMODAR was unenforceable due to prosecution latches and/or inequitable conduct.
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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.
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Posted: January 2010
