Endo settles oxycodone patent infringement litigation with Purdue, will sell products until end of year

By Lisa Kerner

Charlotte, N.C., Aug. 28 - Endo Pharmaceuticals Holdings Inc. said it has reached an agreement with The Purdue Frederick Company, The P.F. Laboratories, Inc. and Euro-Celtique, SA to settle litigation claiming that Endo's oxycodone extended-release tablets, 10mg, 20mg, 40mg, and 80mg, a bioequivalent version of Purdue Frederick's OxyContin, infringe three of Purdue's U.S. patents.

The settlement allows Endo to continue selling its oxycodone extended-release products to its customers until Dec. 31.

Endo, its manufacturers, distributors, purchasers and patients, will be released from all liability for infringement of Purdue's patents in connection with Endo's prior and future sales of these products.

The company launched its oxycodone product in June 2005 following an initial court declaration that Purdue's patents were unenforceable.

Settlement of the lawsuit allows Endo to focus on the launch of Opana and Opana ER, the company's recently approved oxymorphone immediate- and extended-release products, officials said.

Endo is a fully integrated specialty pharmaceutical company based in Chadds Ford, Pa.

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