Depomed, Endo, Purdue Pharma neurology news
The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO) confirmed the patentability of all 23 claims of two Depomed patents -- U.S. Patent Nos. 6,340,475 and 6,635,280 -- that Endo challenged in inter partes review (IPR) petitions. In July, PTAB also confirmed the patentability of the ‘475 and ‘280 patents in IPR challenges initiated by Purdue. The patents cover Depomed’s Acuform gastroretentive drug delivery technology.
In 2013, Depomed filed two lawsuits in the U.S. District Court for the District of New Jersey alleging that Endo’s pain drug Opana ER oxymorphone and Purdue’s pain drug OxyContin oxycodone infringe the ‘475 and ‘280 patents. The lawsuits were stayed pending the outcome of the IPRs that Endo and Purdue initiated. Depomed will request that the district court lift the stay, and said that Endo and Purdue will not be able to assert invalidity arguments based on prior art they raised or could have raised in the IPRs. Endo recorded $90 million in Opana ER sales in 1H15, Purdue declined to disclose sales of OxyContin (see BioCentury, Sept. 2, 2013). ...