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17 November 2016Americas

SCOTUS denies Purdue petitions over OxyContin

The US Supreme Court has denied certiorari for Purdue Pharma in a dispute over four of its patents covering OxyContin (oxycodone hydrochloride) against Teva, Mylan, Amneal and Epic Pharma.

OxyContin is an opioid analgesic used to treat moderate to severe pain.

Purdue had filed two petitions for review, both of which were rejected on Monday, November 14.

The case centred on US patent numbers 7,674,799; 7,674,800; 7,638,072 and 8,114,383. Teva, Mylan, Amneal and Epic had filed Abbreviated New Drug Applications with the Food and Drug Administration.

Purdue first sued Teva for infringement in March 2011.

Followed by this, Purdue sued Epic, Mylan and Amneal between November 2011 and January 2013.

In September 2013, the US District Court for the Southern District of New York found that the asserted claims were infringed by Teva, but it also held that all of the claims were invalid due to obviousness.

The district court then issued an order for Purdue to prove why the actions against Epic, Mylan, and Amneal should not be dismissed.

According to the ruling, Purdue stated that it intended to appeal against the Teva decision but agreed that the “district court’s decision precluded Purdue’s claims for relief against the other defendants”.

The district court dismissed the actions against the three remaining companies based on collateral estoppel.

In January, the case was heard in the US Court of Appeals for the Federal Circuit, which affirmed the ruling of the district court.

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