Depomed Announces Decision in Inter Partes Review Proceeding against Purdue Pharma Confirming Patentability of All Challenged Claims

Jul 08, 2015, 16:53 ET from Depomed, Inc.

NEWARK, Calif., July 8, 2015 /PRNewswire/ -- Depomed, Inc. (Nasdaq: DEPO) today announced the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued its final decision in the inter partes review proceedings (IPRs) initiated by Purdue Pharma against two Depomed patents (U.S. Patent Nos. 6,340,475 and 6,635,280).  The PTAB has confirmed the patentability of each of the 25 claims subject to the IPRs. 

"We will now continue our patent infringement case against Purdue," said Jim Schoeneck, president and chief executive officer of Depomed.  "We are pleased the PTAB acknowledged the innovation of these patents, which have been successfully asserted in litigation nearly a dozen times since 2002 and have been licensed to our industry peers in approximately 20 transactions."

Depomed's lawsuit in New Jersey federal District Court alleging infringement of the patents by Purdue's reformulated Oxycontin® (oxycodone hcl extended release tablets) product has been stayed pending the outcome of the IPRs.  Based on the issuance of the PTAB's final decision, Depomed will request that the District Court lift the stay.  Purdue will not be able to assert invalidity arguments based on prior art it could have raised in the IPRs.

About Depomed

Depomed is a specialty pharmaceutical company that commercializes products for pain and neurology related disorders.  Our NUCYNTA® franchise includes NUCYNTA® ER (tapentadol) extended release tablets indicated for the management of pain, including neuropathic pain associated with diabetic peripheral neuropathy (DPN), severe enough to require daily, around-the-clock, long-term opioid treatment, and NUCYNTA® (tapentadol), an immediate release version of tapentadol, for management of moderate to severe acute pain in adults.  Gralise® (gabapentin) is a once-daily treatment approved for the management of postherpetic neuralgia. CAMBIA® (diclofenac potassium for oral solution) is a non-steroidal anti-inflammatory drug indicated for acute treatment of migraine attacks with or without aura in adults (18 years of age or older). Zipsor® (diclofenac potassium) Liquid Filled Capsules is a non-steroidal anti-inflammatory drug indicated for relief of mild to moderate acute pain in adults.  Lazanda® (fentanyl) Nasal Spray is an intranasal fentanyl drug used to manage breakthrough pain in adults (18 years of age or older) who are already routinely taking other opioid pain medicines around-the-clock for cancer pain. Gralise and various partner product candidates are formulated with Depomed's proven, proprietary Acuform® drug delivery technology.   Additional information about Depomed may be found at

"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995.  The statements that are not historical facts contained in this release are forward-looking statements that involve risks and uncertainties including, but not limited to, those related to risks related to our patent infringement litigation against Purdue and other risks detailed in the company's Securities and Exchange Commission filings, including the company's Annual Report on Form 10-K for the year ended December 31, 2014 and its most recent Quarterly Report on Form 10-Q.  The inclusion of forward-looking statements should not be regarded as a representation that any of the company's plans or objectives will be achieved.  You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof.  The company undertakes no obligation to publicly release the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

INVESTOR CONTACT: August J. Moretti Depomed, Inc. 510-744-8000

MEDIA CONTACT: Mark Corbae Canale Communications for Depomed 619-849-5375


SOURCE Depomed, Inc.