The dispute was between Newron and Purdue Neuroscience concerning a class of chemical compounds. Newron alone will retain patent claims to methods of treating pain including this class of compounds that includes Newron's ralfinamide compound, which is currently in phase II for neuropathic pain.
An application by Purdue Neuroscience for a similar treatment was considered insufficient. The patent office determined which company was first to invent certain commonly claimed subject matter using these chemical compounds. The patent office ruled that the Purdue application lacked an enabling disclosure of a method of treating or ameliorating pain.
Purdue may ask for a rehearing by the Board of Patent Appeals and Interferences within 30 days, and may seek judicial review within two months.