The District Court of The Hague finds that the generic products of the defendants fall under the scope of protection of both of Mundipharma’s patents, which are related to controlled release oxycodone formulations. According to the District Court, the scope of protection of the patents is not limited to products wherein all oxycodone is within the coating which controls its release. Furthermore, the term ‘spheronising agent’ is not deemed to be limited to agents that have assisted in forming spheroids but also comprises materials that assist in maintaining the spherical shape of a starting compound.
A full summary of this case has been published on Kluwer IP Law.
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