reached an agreement with Purdue Frederick, P.F. Laboratories and Euro-Celtique to settle a patent-infringement lawsuit involving the painkiller OxyContin.
The litigation concerned Endo's oxycodone extended-release tablets. Purdue Frederick alleged Endo's drug, a generic version of OxyContin, infringed certain U.S. patents.
Under the terms of the settlement, Endo will continue selling its oxycodone extended-release products until Dec. 31. Endo, as well as its manufacturers, distributors, purchasers and patients, "will be released from all liability for infringement of Purdue's patents in connection with Endo's prior and future sales of these products."
The settlement agreement will now be submitted to the Federal Trade Commission and the Justice Department's antitrust division.
Endo launched its oxycodone extended-release products in June 2005 after the U.S. Court of Appeals for the Federal Circuit declared Purdue's patents unenforceable. The Federal Circuit later reconsidered that decision and sent the case back to the U.S. District Court for the Southern District of New York. As a condition of the settlement, Purdue's lawsuit and Endo's counterclaims will be dismissed.