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Purdue spanked by judge

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This is not good news for Purdue Pharma, but good news for us since a generic

form of Oxycontin ahould be available pretty soon.

Jerry/NC

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Purdue spanked by judge for Oxycontin patent claim

NEW YORK (AP) - A federal judge ruled that Purdue Pharma patents protecting its

painkiller Oxycontin are invalid, clearing the way for drug maker Endo

Pharmaceuticals Holdings to sell a generic version of the drug.

The news sent Endo shares surging $2.86, or 15%, to $21.98 in afternoon trading

Monday on the Nasdaq Stock Market.

Purdue, based in Stamford, Conn., sued Endo for patent infringement in 2000

after Endo filed an abbreviated new drug application with the Food and Drug

Administration to sell generic Oxycontin, which is designed to treat moderate to

severe pain.

In a 50-page opinion issued Monday, U.S. District Judge Sidney H. Stein in

Manhattan found that while Endo violated three of closely held Purdue's patents

on the drug, Endo " has proven by clear and convincing evidence that the patents

are invalid due to Purdue's inequitable conduct before the Patent and Trademark

Office during the prosecution of the patents in suit. "

Representatives from Purdue and Endo weren't immediately available to comment on

the suit.

Endo attorney Filardi said the ruling would allow Endo to put its own

version of Oxycontin on the shelves.

" Endo has proven by required evidence that the patents are unenforceable, " he

said. " In other words, the court has found that Purdue deceived the patent

office. "

Endo, based in Chadds Ford, Pa., also makes other pain killers including

Percocet and Percodan tablets.

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