Last updated: July 1, 2026
Litigation Summary and Analysis: Purdue Pharma L.P. v. Accord Healthcare Inc. (E.D. Texas, 1:22-cv-00913)
Executive summary: Purdue Pharma L.P. sued Accord Healthcare Inc. in a patent infringement action filed in the Eastern District of Texas on May 27, 2022 (case no. 1:22-cv-00913). The case centers on Purdue’s intellectual property for its extended-release opioid products and Accord’s launch or planned launch of an allegedly infringing generic/ANDA product. The matter is procedurally active enough to appear on federal dockets under the caption Purdue Pharma L.P. v. Accord Healthcare Inc., but the public-facing docket snapshot available here does not include the asserted patent list, claim charts, infringement theories, claim constructions, Markman outcomes, or any final merits disposition. Without the complaint’s asserted-infringement patents, the Orange Book tie-in, or the outcome of any dispositive motions, a complete, litigation-grade analysis is not possible.
Purdue Pharma v. Accord Healthcare Inc. case basics: what court, what dates, what claims?
Answer: The case is Purdue Pharma L.P. v. Accord Healthcare Inc., 1:22-cv-00913, filed in the U.S. District Court for the Eastern District of Texas. The docket reflects a patent infringement dispute between Purdue and Accord tied to Purdue’s opioid IP assets and Accord’s generic product activity.
Caption and parties
- Plaintiff: Purdue Pharma L.P.
- Defendant: Accord Healthcare Inc.
- Court: U.S. District Court, Eastern District of Texas
- Case number: 1:22-cv-00913
Filing and procedural posture
Publicly available high-level docket identifiers confirm existence and the time of filing, but the informational content required for litigation analysis (asserted patents, ANDA paragraph(s), asserted claims, and procedural milestones) is not present in the record excerpt available here.
What patents did Purdue assert in Purdue v. Accord (1:22-cv-00913)?
Answer: Not provided in the available docket excerpt. Litigation-grade analysis requires the asserted patent numbers (including whether the patents are formulation, method-of-use, or manufacturing patents), plus which claims were asserted and how the accused product maps onto those claims.
What to look for in Purdue’s complaint
- Asserted U.S. patents (numbers and issue dates)
- FDA/ANDA linkage (Orange Book reference listed drug)
- Infringement basis:
- direct infringement
- induced infringement
- contributory infringement
- Claim categories
- formulation (extended-release matrix or coatings)
- process/manufacturing
- method of use (dose regimen, administration instructions)
Which Accord product was accused of infringement?
Answer: Not provided in the available docket excerpt. The accused drug identity is essential to:
- tie the infringement allegations to an Orange Book-listed reference,
- identify whether Accord is an ANDA filer, an authorized generic participant, or a different generic pathway,
- assess design-around risk (e.g., excipient system changes, release profile changes, or manufacturing process substitutions).
Key litigation artifact that drives this determination
- The complaint section titled “Defendant’s Accused Product” or similar will list:
- product name
- strength(s)
- dosage form
- ANDA application number (if pleaded)
- submission-to-market status (commercially available vs. intent-to-launch)
How does this dispute fit into the Paragraph IV ANDA framework?
Answer: Not enough data in the available excerpt to determine Paragraph IV basis. In typical ANDA patent litigations, the complaint will specify the Orange Book patents challenged and the ANDA certification type under 21 U.S.C. § 355(j)(2)(A)-(B). Litigation analysis requires:
- which certifications were made (Paragraph II/III/IV),
- whether Purdue alleged an act of infringement tied to FDA approval/marketing,
- whether there was a § 271(e)(2) “artificial infringement” theory.
What a complete analysis must confirm
- ANDA certification record
- Orange Book patent list for the reference listed drug
- Purdue’s alleged effective infringement trigger date
- whether Purdue sought injunctive relief under Hatch-Waxman standards
What happened procedurally in the case (motions, Markman, discovery, outcomes)?
Answer: Not provided in the available docket excerpt. Litigation outcomes depend on details such as:
- motion-to-dismiss rulings,
- transfer/venue motions (including E.D. Texas transfer history),
- claim construction schedules and Markman results,
- summary judgment decisions,
- trial status or dismissal/settlement.
Milestones that change litigation leverage
- Pleadings: amended complaint or amended infringement contentions
- Scheduling order: dates for claim construction, expert reports
- Dispositive motions: 12(b)(6), 56 motions
- Claim construction: outcome drives infringement/non-infringement
- Final disposition: consent judgment, dismissal, settlement, or trial verdict
Was there a settlement or dismissal in Purdue v. Accord?
Answer: Not provided in the available docket excerpt. Settlement outcomes determine:
- whether Accord launched,
- whether Purdue granted a license,
- whether there was a stipulated damages cap or supply restriction,
- whether the case ended with a consent judgment that affects other defendants.
What is the commercial and exclusivity impact of this litigation?
Answer: Cannot be quantified from the available excerpt. Commercial impact analysis requires:
- whether the case threatened FDA approval timing or labeling,
- whether a design-around avoided the asserted claims,
- which strengths/dosage forms were at issue,
- the revenue exposure linked to the reference listed drug(s).
Metrics to tie to litigation risk
- expected generic launch date vs. asserted patent expirations
- number of asserted patents still in force at key milestones
- remaining exclusivity barriers:
- patent term remaining
- exclusivity type (e.g., listed drug exclusivities)
- any FDA exclusivity extensions tied to reformulations
How strong is Purdue’s patent estate in this particular suit?
Answer: Not measurable from the available excerpt. Strength assessment depends on:
- whether asserted patents are:
- foundational and broad (strong claim coverage),
- narrow formulation/process claims (more design-around potential),
- method-of-use claims (often harder to prove for generics absent instructions/labeling content).
- enforceability posture (lifetime validity, reexams, PTAB proceedings)
- claim construction outcomes
What a strength analysis normally includes
- prosecution history estoppel risks
- prior art references tied to nonobviousness/anticipation
- copending litigation patterns in the Purdue opioid estate
- whether any patents have been held invalid in parallel proceedings
How does this case compare with other Purdue generic opioid patent litigations?
Answer: Not supported by data in the available excerpt. A valid comparison requires:
- asserted patent lists across cases,
- outcomes (validity findings, settlements, injunctions),
- accused products and design-around approaches,
- timing relative to patent expirations.
What generic entry risks exist for Accord based on this suit?
Answer: Not determined from the available excerpt. Entry risk analysis needs:
- whether an injunction was issued or stayed pending appeal,
- whether the asserted patents are likely to be found infringed under construed claim terms,
- whether Accord could launch non-infringing strengths/forms,
- whether Purdue obtained a settlement that delays launch.
Orange Book status: what is the FDA listing for the reference product involved?
Answer: Not specified in the available excerpt. Orange Book analysis requires:
- the reference listed drug(s),
- listed patents and their expiration dates,
- whether the asserted patents are still “listed” at the time of suit.
Geographic and procedural leverage: why E.D. Texas matters
Answer: The case is filed in the Eastern District of Texas, a venue historically associated with efficient scheduling and high patent litigation volume. Specific leverage such as transfer denial or speed cannot be concluded from the excerpt alone.
Venue-driven timing considerations
- early claim construction schedules
- local patent practices affecting infringement contentions
- speed to dispositive motions
Key takeaways
- Case identity: Purdue Pharma L.P. sued Accord Healthcare Inc. in E.D. Texas under 1:22-cv-00913.
- Core issue: Patent infringement tied to Purdue’s opioid-related IP and Accord’s generic product activity.
- Missing for complete analysis: Asserted patent numbers, accused product details, ANDA linkage/certification basis, claim constructions, and any final disposition are not contained in the available excerpt, so outcomes, strength, and exclusivity impact cannot be stated as facts.
FAQs
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What is the asserted patent list for Purdue Pharma L.P. v. Accord Healthcare Inc. (1:22-cv-00913)?
Not available in the provided docket excerpt.
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Is Purdue’s claim in this case based on Paragraph IV ANDA certifications?
Not determinable from the provided docket excerpt.
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Which Accord product and strength were accused in 1:22-cv-00913?
Not available in the provided docket excerpt.
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Did the court issue any preliminary injunction or stay relief in Purdue v. Accord?
Not available in the provided docket excerpt.
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What was the final outcome (settlement, dismissal, or judgment) for this case?
Not available in the provided docket excerpt.
References
- Purdue Pharma L.P. v. Accord Healthcare Inc., No. 1:22-cv-00913 (E.D. Tex. filed May 27, 2022). (Docket information as provided in the prompt.)
