Fed. Circ. Revives Merck Suit Over Temodar Patent

Law360, New York (November 10, 2010, 5:48 PM EST) -- A federal appeals court has overturned a lower court's decision that a Merck & Co. Inc. patent for brain tumor treatment Temodar is unenforceable, dealing a blow to defendant Barr Pharmaceuticals Inc.

The U.S. Court of Appeals for the Federal Circuit issued a split 2-1 decision Tuesday nixing the district court's finding that U.S. Patent Number 5,260,291 was unenforceable for inequitable conduct and prosecution laches.

The U.S. District Court for the District of Delaware sided with Barr, now part of Teva Pharmaceutical Industries Ltd., in finding...
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