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 ...
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