Merck & Co., Inc. announced today 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.
“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”
"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,"
said Bruce N. Kuhlik, executive vice president and general counsel at
Merck. "Today's decision reflects a step in the lengthy patent
litigation process, and we plan to appeal this decision."
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.
In her decision, Judge Sue L. Robinson ruled that Merck's patent on
TEMODAR was unenforceable due to prosecution latches and/or inequitable