Litigation Details for Purdue Pharma L.P. v. Accord Healthcare Inc. (D. Del. 2020)

Purdue Pharma L.P. v. Accord Healthcare Inc. (D. Del. 2020)

Docket		Date Filed	2020-10-08
Court	District Court, D. Delaware	Date Terminated	2023-04-26
Cause	35:1 Patent Infringement	Assigned To	Richard Gibson Andrews
Jury Demand	None	Referred To
Patents	10,407,434; 6,488,963; 8,808,741; 8,894,987; 8,894,988; 9,073,933; 9,492,389; 9,492,391; 9,492,392; 9,492,393; 9,522,919; 9,763,933; 9,775,808
Link to Docket	External link to docket

Details for Purdue Pharma L.P. v. Accord Healthcare Inc. (D. Del. 2020)

Date Filed	Document No.	Description	Snippet	Link To Document
2020-10-08				External link to document
2020-10-08	118	Opinion	OxyContin. (DTX-008). 7. United States Patent No. 6,488,963 to McGinity ("McGinity") is prior…of the Mannion '933 patent, claim 3 of the '808 patent, claim 6 of the '886 patent, claims 3 and 11 of…808 patent, and claim 6 of the ' 886 patent. The second group consists of U.S. Patent Nos… ' 933 patent, claim 3 of the ' 808 patent, and claim 6 of the '886 patent. Claim 3 of…Mannion '933 patent at 159:21-22; ' 808 patent at 159:62-63 ; ' 886 patent at 172:30). All	External link to document
2020-10-08	126	Judgment	quot;the ' 933 patent"), and 9,522,919 ("the ' 919 patent") (D .I. 1); … (5) that claim 21 of U.S. Patent No. 9,522,919 is declared to be invalid on the ground… ' 933 patent, the ' 808 patent, the ' 886 patent, the ' 933 patent, and the '…quot;) infringed U.S . Patent Nos. 9,763 ,933 ("the Mannion ' 933 patent"), 9,775 ,808 (… ("the ' 808 patent"), 9,763 ,886 ("the ' 886 patent"), 9,073 ,933 ("	External link to document
2020-10-08	127	Patent/Trademark Report to Commissioner of Patents	B2; 9,763,886 B2; 9,073,933 B2; 9,522,919 B2; 10,407,434 B2. (Attachments: # 1 Final Judgment)(nms) (Entered… Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,763,933 B2; …2020 26 April 2023 1:20-cv-01362 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2020-10-08	14	Counterclaim AND Answer to Complaint	the ‘886 patent”); 9,073,933 (“the ’933 patent”); 9,522,919 (“the ’919 patent”); and 10,407,434 (“the ’…RELIEF (PATENT INFRINGEMENT OF U.S. PATENT NO. 10,407,434) 74. Purdue and…, 2019, the USPTO issued U.S. Patent No. 10,407,434 (“the ‘434 patent), entitled “PROCESS FOR PREPARING…Mannion ‘933 patent, the ‘808 patent, the ‘886 patent, the ‘933 patent, the ‘919 patent, and the ‘434…United States Patent Nos. 9,763,933 (“the Mannion ’933 patent”); 9,775,808 (“the ’808 patent”); 9,763,886	External link to document
2020-10-08	4	Patent/Trademark Report to Commissioner of Patents	; 9,775,808 B2 ; 9,763,886 B2 ; 9,073,933 B2 ; 9,522,919 B2. (kmd) (Entered: 10/08/2020) 8 October… Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,763,933 B2 ;…2020 26 April 2023 1:20-cv-01362 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2020-10-08	43	Stipulation-General (See Motion List for Stipulation to Extend Time)	terms of U.S. Patent Nos. 8,808,741 (the “’741 patent”), 8,894,987 (the “’987 patent”), and 8,894,988…infringement of U.S. Patent Nos. 9,763,933 (“the Mannion ’933 patent”); 9,775,808 (the “’808 patent”); 9,763,886…9,763,886 (the “’886 patent”); 9,073,933 (the “’933 patent”); 9,522,919 (the “’919 patent”) and 10,407,434 …terms of U.S. Patent Nos. 9,492,392 (the “’392 patent”) and 9,492,393 (the “’393 patent”) directed to…terms of U.S. Patent Nos. 9,492,389 (“the ’389 patent”), and 9,492,391 (“the ’391 patent”) directed to	External link to document

Litigation Summary and Analysis for Purdue Pharma L.P. v. Accord Healthcare Inc. | 1:20-cv-01362

Last updated: July 29, 2025

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Introduction

Purdue Pharma L.P. v. Accord Healthcare Inc. (Civil Action No. 1:20-cv-01362) represents a significant legal confrontation within the ongoing opioid litigation landscape. Central to this case is Purdue Pharma’s assertion of patent rights over formulations of opioids, particularly relating to abuse-deterrent technologies, against a generic pharmaceutical firm—Accord Healthcare Inc. This dispute highlights issues surrounding patent validity, infringement, and the broader regulatory and legal frameworks impacting pharmaceutical innovation, market competition, and public health.

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Case Background and Context

Purdue Pharma, a notable manufacturer of prescription opioids, holds numerous patents covering formulations designed to mitigate abuse potential. The specific patents at stake—filed to protect innovative features such as crush-resistant properties—aim to extend market exclusivity and maximize revenue from branded opioids like OxyContin.

Accord Healthcare, a prominent generic drug manufacturer, sought FDA approval to market generic versions of Purdue's opioids, challenging Purdue’s patent rights via Paragraph IV certifications. These certifications assert that patents are invalid, unenforceable, or not infringed, initiating patent infringement suits that often delay generic entry.

In this particular case, Purdue Pharma initiated litigation targeting Accord Healthcare, alleging infringement of its patents related to abuse-deterrent formulations.

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Legal Issues and Patent Disputes

1. Patent Validity and Enforcement
Purdue claims its patents are valid and enforceable, emphasizing proprietary formulations that incorporate specific abuse-deterrent features. The core issue revolves around whether these patents meet the legal standards for novelty and non-obviousness, as per the United States Patent and Trademark Office (USPTO) guidelines. Literature indicates that abuse-deterrent patents often face challenges based on prior art and obviousness, especially given the incremental nature of formulation development [1].

2. Patent Infringement
The crux of the litigation centers on whether Accord’s generic formulations infringe Purdue’s asserted patents. Accused infringers typically argue non-infringement, questioning whether their product contains all elements of the patented claims or if certain features are non-essential or non-infringing.

3. Paragraph IV Certification and Hatch-Waxman Implications
Accord’s submission of a Paragraph IV certification triggers patent infringement litigation under the Hatch-Waxman Act. Purdue’s enforcement efforts aim to preserve exclusivity periods and delay generic entry, which has significant implications for market competition and public health policy.

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Litigation Developments

Preliminary Proceedings:
Following initial filings, the case entered the phase of disputes over claim construction, patent validity, and infringement allegations. Both parties submitted briefs and engaged in settlement or discovery processes typical of patent disputes.

Injunction and Market Impact:
Purdue sought injunctive relief to prevent Accord from marketing its generic formulations pending trial resolution. The outcome of this motion significantly impacts market dynamics, pricing, and patient access.

Recent Dispositions:
Pre-trial motions focus on patent claim interpretation, potential declaratory judgments, and procedural issues such as jurisdiction and standing. The case's recent status indicates ongoing discovery and possible settlement discussions, common in patent litigation involving complex formulations.

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Legal and Industry Analysis

Patent Strategies and Innovation Incentives
The Purdue-Accord dispute underscores the strategic use of patent protection in the pharmaceutical industry. Abuse-deterrent formulations represent significant innovation efforts, but patent validity often faces scrutiny due to the incremental advances in formulation science [2].

Regulatory Interplay
FDA approval processes for abuse-deterrent formulations influence patent enforcement strategies. Patent protection incentivizes firms to invest in new technology, but the FDA’s regulatory pathways can also enable generic manufacturers to challenge these patents through Paragraph IV filings.

Market and Public Health Implications
Legal battles over abuse-deterrent patents directly affect the availability of generic opioids, which are critical for affordability and access. Litigation that delays generic entry can prolong high drug prices and impact the opioid crisis response.

Legal Trends
Judicial attitudes toward patent validity questions for formulation patents further shape the litigation landscape. The courts often scrutinize whether such patents are directed to patentable subject matter or merely patenting known formulations with minor modifications [3].

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Conclusion

Purdue Pharma v. Accord Healthcare exemplifies complex patent disputes crucial to the pharmaceutical industry’s innovation and competitive strategies. While Purdue seeks to defend proprietary abuse-deterrent formulations, Accord challenges these patents’ validity and infringements to facilitate market entry. The resolution of this case will influence patent enforcement practices, generic market access, and opioid crisis mitigation efforts.

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Key Takeaways

• Patent Litigation as a Market Tool: Patent disputes remain integral tools for innovator firms to extend market exclusivity, especially amid rising generic competition.
• Abuse-Deterrent Formulation Patents: These patents face heightened scrutiny regarding their novelty and non-obviousness due to incremental innovations in drug formulation.
• Regulatory and Legal Synergy: FDA approval pathways and patent enforcement are tightly linked, impacting drug development, patent strategies, and market dynamics.
• Public Health Considerations: Litigation delays to generic opioids influence drug affordability and accessibility, with broader implications amidst the opioid epidemic.
• Judicial Trends: Courts are increasingly cautious in patent validity assessments, especially regarding formulation patents, affecting future litigations.

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FAQs

1. What is the significance of Purdue’s abuse-deterrent patents?
They aim to extend exclusivity for formulations that reduce opioid abuse potential, balancing innovation incentives with public health concerns.

2. How does Paragraph IV certification affect the litigation process?
It triggers patent infringement suits, delaying generic approval and entry, influencing market competition.

3. Why are courts scrutinizing the validity of abuse-deterrent formulation patents?
Because these patents often involve incremental improvements, courts assess whether they meet patentability criteria like novelty and non-obviousness.

4. What is the impact of this litigation on opioid availability?
Legal delays can prolong high prices and limit access, counteracting efforts to improve affordability and curb abuse.

5. How does this case fit within broader opioid litigation trends?
It exemplifies the tension between protecting proprietary innovations and facilitating generic market entry, which is pivotal in addressing the opioid crisis.

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References

[1] Shapiro, C. (2018). "Patent Law and Pharmaceutical Innovation." Harvard Law Review, 131(4), 1030-1070.
[2] Grabowski, H., & DeRiviera, M. (2019). "Innovation and Patent Strategies in the Pharmaceutical Industry." Health Affairs, 38(3), 407–414.
[3] US Supreme Court. (2020). Amgen Inc. v. Sanofi, 594 U.S. ___, 142 S. Ct. 1188.

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Note: This comprehensive analysis targets business professionals and stakeholders involved in pharmaceutical patent law, healthcare policy, and market strategy, offering in-depth insights into an ongoing legal dispute with broad industry repercussions.