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KV Brings Antitrust Allegations To Patent Suit

Law360 (June 13, 2007, 12:00 AM EDT) -- KV Pharmaceutical Co. on Tuesday filed an answer and counterclaims to Purdue Pharma LP’s allegations of infringement of three patents for controlled-release oxycodone, claiming that the patents-in-suit are unenforceable because Purdue fraudulently acquired them and used them as part of an anti-competitive scheme.

In its answer filed in the U.S. District Court for the Southern District of New York, KV alleged that the issuance of Purdue’s patents for its powerful painkiller Oxycontin was a result of fraud perpetrated against the U.S. Patent and Trademark Office. KV...
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