Barr Fires Back At Celgene In Thalomid Patent Case
By Pete Brush
Law360, New York (September 05, 2008, 12:00 AM ET) -- In the latest salvo over generic versions of the cancer drug Thalomid, generic-drug maker Barr Laboratories Inc. said on Thursday that Celgene Corp.'s patent claims are unenforceable because the inventor withheld material information as the application wended its way through the U.S. Patent and Trademark Office.
Barr's answer to Celgene's patent lawsuit in the U.S. District Court for the District of New Jersey alleged that the patents "are unenforceable due to inequitable conduct."
The patents at issue in the suit, U.S. Patent Numbers 5,629,327 and 6,235,756,...