Depomed, Inc. announced the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued its final decision in the inter partes review proceedings (IPRs) initiated by Purdue Pharma against two Depomed patents (US Patent Nos. 6,340,475 and 6,635,280). The PTAB has confirmed the patentability of each of the 25 claims subject to the IPRs.
"We will now continue our patent infringement case against Purdue," said Jim Schoeneck, president and chief executive officer of Depomed. "We are pleased the PTAB acknowledged the innovation of these patents, which have been successfully asserted in litigation nearly a dozen times since 2002 and have been licensed to our industry peers in approximately 20 transactions."
Depomed's lawsuit in New Jersey federal District Court alleging infringement of the patents by Purdue's reformulated Oxycontin (oxycodone hcl extended release tablets) product has been stayed pending the outcome of the IPRs. Based on the issuance of the PTAB's final decision, Depomed will request that the District Court lift the stay. Purdue will not be able to assert invalidity arguments based on prior art it could have raised in the IPRs.
Depomed is a specialty pharmaceutical company that commercializes products for pain and neurology related disorders.