Teva: No US launch of generic Temodar during Merck & Co's appeal
This article was originally published in Scrip
Executive Summary
Teva Pharmaceutical Industries will not launch a generic version of the cancer drug Temodar (temozolomide) any time soon despite its win earlier this year when a district court found Merck & Co's Temodar '291 patent – the only listed US patent for the brain cancer drug – unenforceable. As expected, Merck has appealed the decision, and now, Teva has announced that it has entered into an agreement pending resolution of that appeal, and will only launch its generic version if the Federal Circuit upholds the lower court finding that the Temodar patent is unenforceable.