A Schering Corp. attorney’s failure to disclose adverse information to the U.S. Patent and Trademark Office in applying for a patent extension does not render the patent unenforceable, a federal judge in Newark ruled Tuesday.

Striking a defense to an infringement suit, District Judge Jose Linares said Mylan Pharmaceuticals Inc. failed to demonstrate that the alleged omission by Schering — when it applied to extend a patent for its cholesterol drug Zetia — was material to the PTO’s deliberations.

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