Federal Court Invalidates Claims on Schering’s Zetia Patent

A federal court has ruled claims on a patent for Schering-Plough’s cholesterol treatment Zetia are invalid, a move that may help Glenmark Pharmaceuticals win approval for a generic version of the drug. Schering should not have been granted three claims on the ’115 patent on Zetia (ezetimibe) because they were not applied for at the time of the patent’s approval, and the PTO was not justified in granting them afterward, the U.S. District Court for the District of New Jersey ruled.
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