Teva Triumphs Over Merck In Temodar Patent Spat

Law360, New York (January 26, 2010, 6:55 PM EST) -- In a blow to Merck & Co. Inc., a federal judge upheld Teva Pharmaceutical Industries Ltd.'s claims Tuesday that the patent for brain tumor treatment Temodar is unenforceable due to prosecution laches and inequitable conduct.

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware sided with the generic-drug maker, which inherited the first filed abbreviated new drug application for the drug when it acquired rival Barr Pharmaceuticals Inc. in 2008.

Merck, which picked up an exclusive licensing agreement for the patent...
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