Purdue and Amneal OxyContin clash ends

A patent dispute over a generic version of Purdue Pharma’s drug OxyContin (oxycodone), which is used to treat moderate to severe pain, has come to an end.

Judge Richard Andrews of the US District Court for the District of Delaware granted the dismissal of the dispute on Friday, August 10, one day after receiving a stipulation of dismissal from Purdue. The case was terminated yesterday, August 14.

In March last year, Purdue took US-based generics company Amneal Pharmaceuticals to court over alleged patent infringement.

Amneal had filed an Abbreviated New Drug Application with the Food and Drug Administration, seeking permission to market a generic version of the drug.

Purdue claimed that Amneal was infringing US patent numbers 9,492,392; 9,492,393; and 9,522,919. While the ‘392 and ‘393 patents relate to “Tamper resistant dosage forms”, the ‘919 patent covers “Oxycodone compositions”.

At the time, Purdue asked the district court to enter a permanent injunction enjoining Amneal from bringing the generic product to market.

Yesterday, a number of related cases involving OxyContin between the two parties were dismissed without costs or attorneys’ fees.

“No right, written or oral licence or sublicence, covenant not to sue, waiver or release or other written or oral authorisation is or has been granted or implied by this stipulated dismissal,” said the filing.

Separately, New York State sued Purdue yesterday, accusing the OxyContin maker of “widespread fraud and deception in the marketing of opioids, and contributing to a nationwide epidemic that has killed thousands”, according to Reuters.

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