Alvogen Wins Generic Zohydro Case Over Pernix Patents

Law360 (August 27, 2018, 8:05 PM EDT) -- Alvogen Malta Operations Ltd. on Friday scored a win in its effort to invalidate two Pernix patents for the hydrocodone-based painkiller Zohydro ER, even as a judge found that the pharmaceutical company’s planned generic version of the drug infringed the patents.

U.S. Circuit Judge William C. Bryson, sitting by designation in Delaware federal court, said in a 109-page opinion following a bench trial that although Alvogen’s proposed drug infringed Pernix Ireland Pain DAC and Pernix Therapeutics LLC’s patents, all of the asserted claims on the patents at issue were invalid for obviousness over a combination of previous patent applications known as...

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