Boehringer Ingelheim to Appeal Court's Ruling on Oxycodone Patent

Roxane Laboratories Inc. (Columbus, OH), a wholly owned subsidiary of Boehringer Ingelheim Corp. (Ridgefield, CT), announced that it will appeal the U.S. District Court in Manhattan's decision to issue a preliminary injunction that will prevent Roxane Laboratories from marketing its sustained-release oxycodone product. The decision came as part of Purdue Pharma LP's (Norwalk, CT) patent infringement suit against Roxane. (For more on the ruling, see Purdue Pharma Turns Back Boehringer Ingelheim on Oxycodone Patent.)

The court ordered Purdue Pharma to post a bond to protect the financial interest of Roxane until a final legal determination is reached. In the mean time, Roxane will continue clinical work on the sustained-release oxycodone product.

Sheldon Berkle, Roxane's VP and head of marketing and sales/ethical pharmaceuticals, expressed his confidence that the company's legal arguments would prevail on appeal. "Although we are disappointed by the judge's decision on the preliminary injunction, it has no practical impact on Roxane's business at the present time. We are hopeful that we will have a prompt appellate decision so that our launch is not impacted."

Edited by Jim Pomager