US court rules for Teva, claiming Merck & Co's Temodar patent is unenforceable
This article was originally published in Scrip
Executive Summary
A federal judge has handed Teva Pharmaceutical Industries a win in ruling that Merck & Co's US patent No 5,260,291 for the brain cancer drug Temodor (temozolomide) – the only Orange Book-listed patent – is unenforceable due to "prosecution laches and inequitable conduct", determined by filing delay and withholding of data.