Endo's OxyContin patent case with Purdue goes back to court

By Lisa Kerner

Erie, Pa., Feb. 1 - Endo Pharmaceuticals Holdings Inc. said that a federal court has vacated an earlier opinion and sent its patent infringement dispute with Purdue Frederick back to court.

The Federal Circuit Court of Appeals vacated its unanimous June 7, 2005 affirmation of the Opinion and Order issued in Endo's favor by the U.S. District Court for the Southern District of New York, which found Purdue liable for its inequitable conduct in the U.S. Patent and Trademark Office, according to a company release.

The Federal Circuit also affirmed the district court's finding that, if Purdue's patents are enforceable, Endo's oxycodone extended-release tablets infringe these patents.

The Federal Circuit issued a new opinion remanding the case to the same district court for its further consideration as to whether the Purdue patents are unenforceable.

On June 7, 2005 Endo launched its oxycodone extended-release tablets, (10 mg, 20 mg, 40 mg and 80 mg), a bioequivalent version of Purdue Frederick's OxyContin, following the Federal Circuit's affirmation of the district court's opinion.

The company plans to "vigorously pursue" its position that Purdue's patents are unenforceable, officials said.

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

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