February 2016

Purdue Pharma v Epic Pharma

By: Gideon Eckhouse & Andreas Baltatzis  |   February 29, 2016

In Purdue Pharma L.P. v. Epic Pharma, LLC, the Court of Appeals for the Federal Circuit reviewed the validity of multiple patents with claims directed toward pain-relieving dosage forms. In particular, the claims at issue were directed toward formulations containing the opioid analgesic oxycodone with a low amount of a specified impurity. The Court held that the patents are invalid as obvious or anticipated, despite the fact that there was no proof that the source of the impurity was known in the prior art. The Court also found that the hardness of the abuse-deterrent dosage form was inherent in the prior art. 

PTAB Setting New Precedents

By: Emily A. Curtis  |   February 2, 2016

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (“PTAB”) recently designated two of its decisions as precedential. The cases relate to restrictions on filing cases at the PTAB specifically with regard to estoppel and time limits.