Judge Saylor granted Collegiums request for leave to file an amended answer pleading the reverse doctrine of equivalents as an affirmative defense. He found this defense not clearly futile, but expressly indicated that he was taking no position as to whether the reverse doctrine of equivalents is an affirmative defense that must be pled or … Continue reading “Purdue Pharma LP et al. v. Collegium Pharmaceutical, Inc. (15-cv-13099).”
Purdue alleges that Collegium infringed three patents relating to abuse-deterrent extended-release oxycodone by filing an NDA for Collegium’s XTAMPZA ER product. Collegium sought summary judgment of non-infringement on two theories – that its active ingredient (oxycodone myristate) is not the equivalent of Purdue’s oxycodone hydrochloride, and that Collegium’s product lacks the claimed “irritant.” Collegium also … Continue reading “Purdue Pharma LP et al. v. Collegium Pharmaceutical, Inc. (15-cv-13099).”
Judge Saylor issued a claim construction order in this case, which involves three patents relating to abuse-deterrent and low-toxicity versions of oxycodone. The claims relating to deterrence of abuse required the inclusion of an irritant in an amount sufficient to impart an irritating sensation. Collegium first sought to require the irritant be something deliberately added … Continue reading “Purdue Pharma LP et al. v. Collegium Pharmaceutical, Inc. (15-cv-13099).”
Purdue Pharma sued Collegium for infringement of U.S. Patent Nos. 9,522,919 and 9,073,933, which relate to oxycodone hydrochloride compositions and formulations. The suit is based on Collegium’s submission of a supplemental New Drug Application seeking approval for revised labeling for Collegium’s Xtampza® oxycodone extended release capsules. Purdue has been pursuing claims against Xtampza® for some … Continue reading “Purdue Pharma LP et al. v. Collegium Pharmaceutical, Inc. (17-cv-11923).”
Purdue asserts that Collegium infringes U.S. Patent No. 9,693,961, which covers improved oxycodone hydrochloride compositions, both by filing an NDA and by making and selling the now-approved Xtampza® ER oxycodone extended release capsules. This marks the latest in a series of lawsuits filed by Purdue alleging Xtampza® infringes Purdue patents.