Tuesday, October 16, 2012

Purdue Sues Sandoz over Generic OxyContin




On Wednesday, October 10, 2012 Purdue and Grunenthal (plaintiffs) have recorded a suit against Sandoz (defendant) for patent infringement in the U.S. District Court of Southern Newyork (case no.1:12-cv-07582).

Purdue Pharma is in the business of manufacturing pain medications such as hydromorphone, oxycodone, fentanyl, codeine, and hydrocodone. They are also known for the production of drugs such as MS Contin, Oxycontin, and Ryzolt. GrĂ¼nenthal is a pharmaceutical company focused on discovering new ways to treat pain. Sandoz is in the business of manufacturing generic drugs as well as pharmaceutical and biotechnological active ingredients.

The patent US8114383 involved in this suit is assigned to Gruenenthal (as per face page) and Purdue is the exclusive licensee of the ‘383 patent. The patent entitled Abuse-proofed dosage form was issued on February 14, 2012 and expires[*] on November 20, 2023.

According to the complaint, plaintiff is the current holder of New Drug Application (NDA) no. 022272 for the controlled-release oxycodone pain relief medication OxyContin® (source: MaxVal’s Patent Marker[†]) for which FDA approval was obtained.

The plaintiffs say that, the defendant with the Abbreviated New Drug Application (ANDA) no. 202762 seeks FDA for approval to market a generic version of OxyContin® 10 mg, 15 mg, 20 mg, 30 mg, 40 mg, 60 mg and 80 mg that infringe the ‘383 patent.

The plaintiff has filed suit against more than 55 companies, which includes Impax Laboratories Inc., Watson Pharmaceuticals Inc., Ranbaxy Inc., Varam Inc. and KVK-Tech Inc. If you would like to know more about the cases, please contact us.

For more details visit MaxVal-IP and subscribe to our Litigation Alerts.
 


[*] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.
[†] Patent Marker provides online environment for patentees to mark products with patent numbers and to search for patent related details about products.

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