Mr Justice Floyd delivered his judgment in the case of ratiopharm & Sandoz v Napp Pharmaceuticals that Oxycodone patents are valid but not infringed by Ratiopharm and Sandoz. The case related to two of Napp's EP(UK) patents for sustained release formulations for the painkiller drug oxycodone (OxyContin).
Sandoz and ratiopharm had applied to revoke the two patents, EP0722730 and EP1258246 as both the patents are derived from a common priority application and on the grounds that the claimed invention in both was obvious. Napp Pharma counter-claimed for infringement.
Judge Floyd J concluded, after extensive claim construction, that the claims in question required either all the oxycodone to be included in the matrix, and not in the outer layer, or that a spheronising agent was required in the formulation. Neither of these constructions could be used to cover the alleged infringement, since the particle did not have a spheronising agent and a significant proportion of the active ingredient was in the outer layer of the particle.
Judge Floyd finally conclude that the patents related to oxycodone formulation are valid but not infringed by Ratio and Sandoz.
The whole Judgement can be read here.
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