Appeals Court Reverses Patent Ruling on Schering’s Temodar

A federal appeals court has reversed a lower court’s ruling in a patent dispute over the brain cancer treatment Temodar, strengthening Schering’s protection on the drug. In a ruling issued by a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, the court reversed an earlier ruling from a Delaware federal court and found that Schering’s ’291 patent on Temodar (temozolomide) was not invalid for inequitable conduct or delays in having the patent issued by the PTO.
Washington Drug Letter