"Purdue Pharma is appealing to the Supreme Court, arguing the Federal Circuit's strict 'nexus' requirement for non-obviousness contradicts established precedent."
"The Federal Circuit's decision to declare Purdue's patents obvious ignored significant evidence, including FDA approval and the unmet needs the reformulated OxyContin addresses."
Purdue Pharma has petitioned the Supreme Court for a review of the Federal Circuit's handling of the 'nexus' requirement associated with patent non-obviousness. The case revolves around Purdue's abuse-deterrent formulation of OxyContin, which represents a novel curing method aimed at combating issues related to opioid misuse. The Federal Circuit upheld a decision deeming Purdue's patents obvious, despite evidence supporting their commercial success and FDA approval. Purdue's petition contends that the Federal Circuitâs inflexible approach undermines a flexible analysis endorsed by Supreme Court precedent.
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