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IP News

By Howard J. Shire and Joseph Mercadante
December 20, 2010

Federal Circuit Reverses District of Delaware on Prosecution Laches and
Inequitable Conduct

On Nov. 9, 2010, the Federal Circuit delivered its opinion in Cancer Research Labs. v. Barr Labs., Civ. No. 10-1204. The case involved a single patent, 5,260,291, titled “Tetrazine derivatives” (the '291 patent). The patent claims a genus of tetrazine derivative compounds and methods for treating cancer by administering those compounds. One claimed compound, temozolomide, is the active ingredient in the drug Temodar', approved by the Food and Drug Administration (“FDA”) for the treatment of two types of brain cancer, refractory anaplastic astrocytoma and glioblastoma multiforme.

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