Tuesday, September 2, 2008

OxyContin developers settle patent dispute

By Mass High Tech Staff

Stamford, Conn.-based pharmaceutical developer and generics manufacturer Purdue Pharma LP, and Missouri-based Mallinckrodt Inc. have settled their patent infringement lawsuit in the United States District Court for the Southern District of New York regarding Mallinckrodt’s marketing of generic OxyContin (oxycodone) in controlled-release tablets, the companies reported. The drug is an opioid agonist and a Schedule II controlled substance for the management of moderate to severe pain.

Mallinckrodt is a subsidiary of Mansfield-based medical device and health-care product supplier Covidien (NYSE: COV, BSX: COV).

Mallinckrodt stated it now admits that marketing of OxyContin under Purdue’s patents was an infringement on the company’s rights.

The agreement is subject to review by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice.

In January 2008, the United States District Court for the Southern District of New York rejected claims that the Purdue patents were not valid because of Purdue’s alleged conduct in obtaining them.

Covidien’s Pharmaceutical Products generic business is the sixth largest drug manufacturing business in the U.S., the company stated.

Purdue Pharma was spun out of the Purdue Frederick Co., manufacturer of Senokot laxatives and Betadine antiseptics and distributor of Gentlax laxatives.