Here is a local Philly-area online clipping, summarizing the newest Merck federal putative class action Sherman Act suit, involving the Temodar® '291 patent I mentioned last night:
. . . .Merck & Co., with large operations in the Philadelphia area, was sued by a wholesaler alleging the company wrongly extended a patent for Temodar brain-cancer medicine in restraint of trade. Merck,with $348 million in U.S. Temodar sales in 2008, manipulated the patent process to delay possible low-cost versions of the drug, according to Louisiana Wholesale Drug Co., which is seeking class-action status for Temodar purchasers. The complaint was filed March 5 in federal court in Delaware. "Merck will vigorously defend itself" in the case, said Ron Rogers, a Merck spokesman. . . .
- Bloomberg News
This could prove to be very interesting. Merck has appealed the trial court's Temodar '291 patent invalidation ruling.
2 comments:
Based on the news today of the deal that TEVA cut, I think this type of suit is very appropriate. Without it there is every reason to delay a final decision. Since it exists they have to consider the potential costs before proceeding. Hopefully the threat is enough to get this resolved quickly.
Thanks, see the top -- new post!
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