Merck & Co prevails in Temodar law suit against Barr/Teva on appeal; Court upholds Shire's Vyvanse exclusivity

US drug giant Merck & Co (NYSE: MRK) says that a federal appellate court ruled in its favor in a patent infringement suit against Barr Laboratories, a subsidiary of Israeli generics major Teva Pharmaceuticals Industries (Nasdaq: TEVA) relating to its brain cancer drug Temodar (temozolomide).

By a two to one vote, the appellate court rejected Barr's arguments and reversed a lower court ruling that the US patent for the drug was unenforceable. Schering Corp, which Merck acquired last year, filed the patent infringement law suit against Barr in July 2007. A trial was held in US District Court for the District of Delaware in October 2009.

"The court appropriately ruled that the patent for Temodar in the US is enforceable," said Bruce Kuhlik, executive vice president and general counsel of Merck, adding: "We invest heavily in R&D to discover innovative medicines like Temodar, and we will vigorously defend our intellectual property rights."