Merck & Co. Inc. (MRK) announced 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., a unit of Teva Pharmaceutical Industries Ltd., (TEVA). The company expressed disappointment over the court ruling and has decided to appeal the court ruling.
In her decision, Judge Sue Robinson ruled that Merck's patent on Temodar was unenforceable due to prosecution latches and/or inequitable conduct.
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.
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