Divisive Teva-Merck IP Ruling Stays Out Of Supreme Court

Law360, New York (October 31, 2011, 2:23 PM EDT) -- The U.S. Supreme Court on Monday refused to weigh in on a dispute over a Merck & Co. Inc. patent for brain tumor treatment Temodar that sharply divided the Federal Circuit over two doctrines used to render a patent unenforceable.

Without explaining its reasons, the U.S. Supreme Court refused to grant certiorari to Barr Laboratories Inc. — now part of Teva Pharmaceutical Industries Ltd. — in its patent fight with Cancer Research Technology Ltd. and licensee Schering Corp. — now Merck.

The lawsuit, originally filed by...
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