Purdue Pharma Turns Back Boehringer Ingelheim on Oxycodone Patent

The US District Court in Manhattan ruled on May 16 in support of Purdue Pharma LP's (Norwalk, CT) patent position for sustained-release oxycodone, an analgesic for moderate to severe pain. Purdue filed a patent infringement suit against Roxane Laboratories (Columbus, OH), a subsidiary of Boehringer Ingelheim GmbH, last year, claiming that the sale of Roxicodone SR Tablets would infringe claims of three Purdue patents.

In deciding to grant the preliminary injunction, United States District Judge Sidney H. Stein held that Purdue "made a clear showing" that it had "a reasonable likelihood of success" proving that Roxane and Boehringer infringe the Purdue patents, and that Roxane and Boehringer will likely fail to prove that Purdue's patents are invalid. The Court further ruled that Purdue would be irreparably harmed if infringing products were sold between now and the time of trial, and that the public interest favors entering the injunction.

The Court's preliminary injunction will remain in effect until a full trial can be held on the merits of Purdue's patent infringement claim. A trial date has not yet been scheduled.

Roxane's product was not being sold before the Court's decision because the United States Food and Drug Administration is reviewing the company's application for approval to sell a controlled-release oxycodone product.

Edited by Angelo DePalma