High Court Spurns Purdue Petition to Revive OxyContin Patent (1)

The US Supreme Court declined to take up Purdue Pharma LP’s bid to undo the invalidation of patents covering an abuse-resistant formulation of OxyContin.

Purdue’s April cert petition contended that the Federal Circuit applied an unreasonably rigid standard in assessing evidence that its patented drug formulation was a financial success sufficient to overcome a prior showing that the patents were obvious in light of earlier inventions.

Patent owners can rebut an obviousness finding by showing a patented product was a commercial success, but the Federal Circuit requires such showings to demonstrate a connection between the patented invention and the financial ...