Fed. Circ. Agrees Purdue's OxyContin Patent Is Obvious

Law360 (April 4, 2019, 5:54 PM EDT) -- The only claim in a Purdue Pharma LP patent covering a way to make its OxyContin painkiller abuse deterrent doesn't hold up, the Federal Circuit said Thursday, affirming a Patent Trial and Appeal Board decision.

Purdue had argued in its appeal that the PTAB wrongly construed the patent and misinterpreted prior art, but after hearing oral arguments on Tuesday, the board affirmed the decision without further explanation.

The PTAB had invalidated the patent as obvious in November 2017 following a challenge by Amneal Pharmaceuticals LLC. Amneal was developing a generic with Kashiv Pharma, but later dropped out of the partnership —...

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