The Federal Circuit's Rigid Approach to Secondary Considerations

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 Circuit’s inflexible approach undermines a flexible analysis endorsed by Supreme Court precedent.

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.

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