Cancer Research Technology Limited & Schering has sued Accord Healthcare on US Patent 5260291. Product: Temodar Capsule (Temozolomide).
Note: Teva is the first to file ANDA holder. In the Paragraph litigation district court had held ‘291 patent invalid due to prosecution latches and inequitable conduct. Schering appealed this decision and CAFC had reversed the district court finding on prosecution latches and inequitable conduct. Meanwhile , Teva entered settlement with Schering as Teva will not commence marketing generic version till Federal court decision and Teva will commence marketing generic version after expiry of ‘291 Aug 2013, but before expiry of Pediatric exclusivity.
Now after Federal court decision upholding ‘291 patent validity, Schering has sued Accord healthcare the subsequent ANDA filler for Temodar.