Thursday, 2 April 2009

Oxycotin (Oxycontin) ER tablets: U.K. appeals court opined Infringement of controlled release formulation patents by generic players

A U.K. appeals court comprising bench of LORD JUSTICE JACOBLORD NEUBERGER and LORD JUSTICE LAWRENCE COLLINS has determined that generic players Sandoz and Ratiopharm GmbH have infringed the patents of Purdue Pharma LP affiliate Napp Pharmaceutical Holdings Ltd. for the painkiller Oxycontin.

The Litigated patents are owned by innovator Napp Pharma, disputed patents are EP722730 and EP1258246. The Judge held both patents valid but not infringed by the tablets which Ratiopharm and Sandoz wish to sell, a product made by Cimex AG (now Acino AG).

The patents relate to controlled release formulations of a painkiller called Oxycodone. Napp sells such a formulation under the trademark Oxycotin. Its importance is shown by its sales figures – of the order of £32 million per annum in the UK alone.

In the final decision court dismissed generic players Ratiopharm and Sandoz’ s appeal concerning validity and allow Napp's appeal concerning infringement.

The decision of court is well written and particularly useful for the Pharma scientists working in formulation or novel drug delivery system.

Link to court decision Here

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Disclaimer: "IP Pharma Doc" blog is published for information purpose only. "IP Pharma Doc" blog contains no legal advice. I assume no legal responsibility for the views/information expressed here. “IP Pharma Doc” blog is my personal website and not edited by my employer, accordingly, no part of my blog should be attributed to my employer. All information on the present blog should be double checked for its accuracy and applicability. © Dr. Sarwal (2007)
 
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