Ortho-McNeil’s Patent Case Over Ultracet Gets New Life

Ortho-McNeil Pharmaceutical will get another chance to block generic copies of its pain drug Ultracet that already are on the market after winning an appeal of a district court’s decision to invalidate certain claims of a patent on the drug. The U.S. Court of Appeals for the Federal Circuit ruled 2–1 that Ortho-McNeil had provided evidence that supported its ’221 patent covering Ultracet (acetaminophen/tramadol HCl), which two generic-drug makers had claimed was invalid because of obviousness. The decision means Ortho-McNeil’s case against Caraco Pharmaceutical Industries and Teva Pharmaceutical Industries will head back to the U.S. District Court for the District of New Jersey, where Teva and Caraco scored a victory against Ortho-McNeil last year.
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