Innovator Purdue and Napp Pharma has filed an appeal with the U.S. Court of Appeals for the Federal Circuit (CAFC), challenging the United States District Court for the District of Delaware opinion of invalidation of two key patents US6254887 and US7074430, which covers Tramadol hydrochloride 100mg and 200mg ER tablets (Ultram ER).
Earlier on August 16, 2009, United States District Court for the District of Delaware, Honorable Judge Kent A. Jordan has issued an opinion in favor of generic player Par Pharmaceuticals in the patent-infringement litigation relating to Tramadol hydrochloride 100 mg and 200 mg ER tablets (Ultram ER).
The court opined that disputed claims 3, 13, 27 and 29 of US6254887 patent and claims 5, 7 and11 of US7074430 patents are infringed by Par’s generic product. However, the disputed claims are invalid and obvious in the light of Oshlak (US5580578) disclosure (alone) and Oshlak in combination with Kaiko (US5478577), Lintz and Stewart Leslie (one of the co-inventor of disputed patents) article entitled “Continues controlled release formulations”.
Earlier news of IP Pharma Doc on this product Here
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