Purdue Pharma L.P. v. Endo Pharmaceuticals Inc.

Case Number: CLB0048

Date: 01.05.2004

Citation: 70 U.S.P.Q.2d 1185 (S.D.N.Y. 2003)

Plaintiffs’ patents directed to compositions that claim pain control over four-fold dosage range in approximately 90 percent of patients are unenforceable for inequitable conduct during prosecution, since plaintiffs’ repeated assertion that inventors’ “surprisingly discovered” that pain could be relieved over this claimed reduced dosage range was deliberate decision to represent mere “expectation” or “insight” as precisely quantified “result” or “discovery.”

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