Judgment: OxyContin Patent Claims Invalid

Purdue Pharma L.P. et al. v. Teva Pharmaceuticals, USA, Inc.

Case Number: 1:11-cv-02037-SHS (Dkt.150)

In light of the court’s Findings of Fact and Conclusions of Law (Dkt. 634), Judge Stein entered the following declaratory judgments:

  • Claims 3 and 19 of U.S. Patent No. 7,674,799 (entitled “Oxycodone hydrochloride having less than 25 ppm 14–hydroxycodeinone”) are invalid
  • Claims 30–34 and 76–79 of U.S. Patent No. 7,674,800 (same) are invalid
  • Claims 1, 4, and 5 of U.S. Patent No. 7,683,072 (same) are invalid
  • Teva’s proposed products do not infringe claims 1, 2, 6, and 9 of U.S. Patent No. 7,776,314 (entitled “Abuse-proofed dosage form”)
  • Claims 1, 2, 5, 7, and 8 of U.S. Patent No. 8,114,383 (same) are invalid.

Judge Stein said that Teva had not shown that the case was exceptional, and so declined to award attorney fees.

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