Fed. Circ. Upholds Invalidity Of Purdue's Sleep Aid Patents

Law360, New York (January 8, 2016, 12:37 PM EST) -- The Federal Circuit on Friday upheld a New Jersey district court's ruling in favor of Actavis Elizabeth LLC and other drugmakers finding that three of Purdue Pharmaceutical Products LP's patents for the sleep aid Intermezzo are invalid because they were obvious.

In a one-line order, the circuit court shot down Purdue and co-appellant Transcept Pharmaceuticals Inc.'s arguments that the patents were for a different dosage of sleep medication than other insomnia drugs on the market at the time.

U.S. Circuit Judges Alan D. Lourie, Timothy B. Dyk and Todd M. Hughes agreed with U.S. District Judge Jose L. Linares' March decision, which...

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