Justices Won't Hear Drugmakers' OxyContin Patent Appeal

Law360, Los Angeles (November 14, 2016, 7:06 PM EST) -- Purdue Pharma LP and Grunenthal GmbH lost their bids to have the U.S. Supreme Court take up their challenge to a Federal Circuit's nix of asserted claims of four patents relating to painkiller OxyContin when the justices Monday denied certiorari.

The denial, included in an order list, shut down the companies' attempts to have the high court hear their case that the patents were not invalid as obvious due to a prior art reference, as the lower courts had held.

Purdue patented a new formulation of OxyContin in 2010 after the U.S. Food and Drug Administration had mandated in 2004 that...

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