Purdue's ‘Duplicative’ Suit Over OxyContin Generic Gets Ax

Law360, Boston (January 16, 2018, 6:29 PM EST) -- Tweaks to a generic opioid’s labeling did not warrant OxyContin maker Purdue Pharma LP to file a separate lawsuit repeating extant patent infringement claims, a federal judge decided in a Boston court hearing Tuesday.

U.S. District Judge F. Dennis Saylor IV said that one of three lawsuits from opioid giant Purdue defending OxyContin’s intellectual territory used a generic competitor’s supplemental New Drug Application to rehash old claims. He dismissed the suit.

With the decision, Collegium Pharmaceutical Inc. avoided stalling a label change indicating that its generic painkiller, Xtampza ER, was more difficult to abuse than OxyContin.

“If the supplemental NDA is...

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