Teva drops challenge to OxyContin patent

The UK's Mundipharma International says it has strengthened its position with respect to European patents on its leading product, OxyContin (oxycodone HCl controlled-release) tablets, following an agreement between Purdue Pharma and its associated companies and Teva Pharmaceuticals that has led to the withdrawal by the latter of its challenge in the European Patent Office and cancellation of the patent infringement case that was pending in the Netherlands District Court of the Hague.

Teva's withdrawal and cancellation of its infringement case involving OxyContin come after it recognized the validity of the OxyContin patents pursuant to an agreement with the Purdue companies executed on August 29, says Mundipharma. Under the terms of that agreement, Teva also admits that the OxyContin patents are infringed by its extended-release oxycodone products. In the USA, Teva will discontinue sales of its generic version subject to certain contingencies contained in its agreement with Purdue that permit Teva to remain on the market at least through March 31, 2007, says the UK firm.

The Teva agreement follows a decision by the US Court of Appeals for the Federal Circuit that vacated a previous trial court finding of unenforceability: "The patents being asserted in favor of OxyContin have been properly examined and rightly granted. We will vigorously defend the rights they convey against anyone who attempts to infringe on those rights" said Ake Wikstrom, regional director, Europe, at Mundipharma International.