Tuesday, June 07, 2005

Purdue Pharma L.P., et al. v. Endo Pharmaceuticals, Inc., et al.

The trial court found Purdue's patents unenforceable due to inequitable conduct during prosecution. Notwithstanding that the patent claims might have been otherwise enforceable, Purdue's repeated assertions of "unexpected results" that were based on insight rather than scientific evidence was material evidence of inequitable conduct and intent to deceive could be inferred from the same evidence. Listen to the CAFC's published opinion. [MP3]

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