Purdue, Assertio Settle Oxycontin Patent Dispute for $62 Million
Purdue agreed to pay rival opioid manufacturer Assertio Therapeutics $62 million to settle Assertio’s patent infringement lawsuit against the OyxContin maker.
Under the terms of the settlement in the U.S. District Court for the District of New Jersey, Purdue agreed to pay Assertio (formerly Depomed) $30 million in cash on Aug. 28 and the remaining $32 million on Feb. 9, 2019. The agreement resolves all disputes between the two firms over the 2013 complaint.
In the initial 2013 lawsuit, Assertio accused Pfizer of infringing two patents for extending the duration of drug release within the stomach. Purdue filed for inter partes reviews of the patents by the Patent Trial and Appeal Board in January 2014.
In July 2015, PTAB ruled for the validity of Assertio’s patents, with the U.S. Court of Appeals for the Federal Circuit affirming PTAB’s decision the following March.