Federal Circuit Affirms Judgment of Invalidity Concerning OxyContin® (oxycodone extended-release tablets)

February 1, 2016 | Small Molecules

02/01/2016 The U.S. Court of Appeals for the Federal Circuit affirmed judgment holding the asserted claims of U.S. Patent Nos. 7,674,799, 7,674,800 and 7,683,072 (collectively, ‘the low-ABUK patents’) invalid as obvious under 35 U.S.C. § 103, following appeal from the U.S. District Court for the Southern District of New York. In the litigation, Purdue Pharma LP and Rhodes Technologies (‘Purdue’), among others, sought to prevent marketing of a generic equivalent to OxyContin® (oxycodone extended-release tablets) by a number of ANDA filers, including Mylan Pharmaceuticals Inc. (‘Mylan’). The District Court concluded that the low-ABUK patents are invalid as obvious, and the Court dismissed Purdue’s claims against Mylan with respect to such patents on collateral estoppel grounds. In the Opinion and Judgment issued today, the Federal Circuit affirmed that decision.

RMMS attorneys William A. Rakoczy, Eric R. Hunt and Natasha L. White appeared on behalf of Mylan.

This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.