A Delaware federal judge on Wednesday ruled that Actavis Laboratories’ generic version of Zohydro ER infringed on two patents for the powerful opioid, held by a Pernix Therapeutics Holdings Inc. subsidiary.
In a 29-page memorandum, U.S. District Judge Gregory M. Sleet of the District of Delaware said that while the generics did not literally infringe on the patents, they performed essentially the same function as Zohydro, which releases hydrocodone over long periods of time to treat severe pain.
