Drug major Merck & Co (MRK) said Tuesday 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. The suit is related to Merck's chemotherapeutic agent Temodar's patent.
The company said that in the ruling, Judge Sue Robinson said that Merck's patent on Temodar was unenforceable due to prosecution latches and/or inequitable conduct.
Commenting on the decision, Bruce Kuhlik, executive vice president and general counsel at Merck said, "We are very disappointed with the court's ruling, and we continue to believe the patent for TEMODAR in the U.S. is valid and enforceable."
"Today's decision reflects a step in the lengthy patent litigation process, and we plan to appeal this decision," Kuhlik added.
Temodar is 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.
MRK is currently trading at $38.62, down $0.14 or 0.37% on the NYSE and TEVA is currently trading at $57.00, down $0.08 or 0.14% on the Nasdaq.
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