Pending court ruling, Teva to delay marketing Temodar generic

JERUSALEM Teva Pharmaceutical Industries will start marketing its version of a brain tumor drug only if the Federal Circuit of the U.S. District Court upholds a ruling that declared the branded version’s patent unenforceable, Teva announced Wednesday.

The generic drug maker said it had entered an agreement with Schering, now part of Merck & Co., whereby it will market the drug only if the Federal Circuit upholds the U.S. District Court for the District of Delaware’s January ruling that would allow Teva to market a generic version of Schering’s Temodar (temozolomide). The regulatory approval application for the drug was originally filed by Barr Labs, which Teva acquired in 2008.

The agreement also gives Teva to begin selling its version of the drug in August 2013.

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