With a single patent worth billions, battles among innovator drug companies and their generic rivals can go on for years, taking plentiful twists and turns. That’s certainly been the case with Purdue Pharma’s long-running patent litigation against several companies seeking approval to make and sell generic versions of Purdue’s blockbuster painkiller OxyContin, which generates over $1 billion in sales annually.
In January 2008, a team led by Ropes & Gray partner Robert Goldman won an important battle for Purdue in the ongoing war. The federal district court in New York reversed its own 2004 decision and found that three Purdue patents covering OxyContin were enforceable. (Inequitable conduct allegations had centered on the fact that Purdue’s “discovery” was based on insight, not an actual experiment.)
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