Purdue Pharma and Collegium Pharmaceutical Clash Over Opioid Abuse Prevention Patent

In the most recent series of patent case summaries, the significant case Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., et al., No. 2022-1482 has made headlines, with a decision issued by the Federal Circuit Court (Patent Trial and Appeal Board, or PTAB) on November 21, 2023. The detailed opinion was penned by Dyk and supported by Hughes and Stoll.

Purdue Pharma, a well-known player in the pharmaceutical industry, owns a patent with an interesting approach to opioid abuse prevention. This patent is catered towards incorporating deterrent components in the form of potent agents within the opioid dosage itself. In a bold move, Purdue initiated a lawsuit against Collegium Pharmaceutical over allegations of patent infringement.

What followed was Collegium’s countermove petitioning the PTAB for PGR (post-grant review). This step was taken under 35 U.S.C. § 326(a)(11) and 37 C.F.R. § 42.200(c), ushering in a regulatory regime wherein the PTAB was ordained with taking certain actionable progressions.

While further discussions and specific case details are currently under wraps, this development denotes a crucial juncture in pharmaceutical patent disputes. The complexities of the case, spanning multiple jurisdictions and parties, reveal nuances of patent law and its real-world application.

This summary provides a cornerstone for the case, with further information available in the original report by Alston & Bird. For an more in-depth understanding of the case and a thorough study of its implications, visit JD Supra for the complete insight.