PTAB Axes OxyContin Patent After Purdue Ch. 11 Delay

By Andrew Karpan (Nov 22, 2021, 9:07 p.m. EST) – The Patent Trial and Appeal Board has invalidated a Purdue Pharma patent for an opioid with an anti-abuse deterrent, attacking the patent description and dismissing Purdue’s argument that the Commission took too long to make a decision.

Friday’s Patent Board decision came more than two years after a decision on Collegium Pharmaceutical’s post-grant petition was initially due. The delay was caused by Purdue’s September 2019 bankruptcy filing in an attempt to stem the wave of lawsuits the company has faced for its role in marketing drugs in the opioid crisis.

The filing of chapter 11 put a stopper …

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