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  • Orange Book Blog is published for informational purposes only; it contains no legal advice whatsoever. Publication of Orange Book Blog does not create an attorney-client relationship. Orange Book Blog is Aaron Barkoff's personal website and it is intended for other attorneys. Orange Book Blog is not edited by McAndrews, Held & Malloy, Ltd. ("MHM") or its clients. No part of Orange Book Blog--whether information, commentary, or other--may be attributed to MHM or its clients. MHM represents many companies in the pharmaceutical and biotechnology industries, and therefore Orange Book Blog may occasionally report on news that relates to MHM clients. Orange Book Blog will always strive to be unbiased. All information on Orange Book Blog should be double-checked for its accuracy and current applicability. -- © Aaron F. Barkoff 2006-2017

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August 28, 2006


HBS student

Just did a case study on this in a class at Harvard Business School. I was pretty disgusted by the whole proceedings by Endo. In my opinion, they basically tried to infringe on the OxyContin patent, and sued Purdue without even having any evidence of patent invalidity. They lucked upon the clinical data deception only after a year of research.

I was happy to hear that ultimately, Purdue kept their patent and Endo learned their lesson never to pursue paragraph 4 litigation ever again.

Pharma companies should definitely focus on creating innovation and patents, and not on infringing them.

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