Bloomberg BNA's Pharmaceutical Law & Industry Report helps you stay informed of regulatory and litigation developments affecting the pharmaceutical and biotech industries....
Oct. 13 — Purdue Pharma LP, maker of the painkiller OxyContin, will not be able to reargue jurisdictional issues in a patent infringement case against Collegium Pharmaceutical Inc., the U.S. District Court for the District of Delaware ruled Oct. 7.
The court rejected Purdue's suggestion that Collegium had explicitly consented to jurisdiction in Delaware at oral argument and ordered the case transferred to the U.S. District Court for the District of Massachusetts.
The court's three-page order criticized the parties' conduct in the litigation.
“If anything is clear about this case, it is that all parties are jockeying for advantageous venues, and that the courts and the law are being used to further their respective litigation strategies,” the court said. “I decline to play this game.”
In August, the court dismissed the case for lack of jurisdiction, finding that the court had neither general or personal jurisdiction over Collegium which is based in Canton, Mass.
Collegium favored transferring the lawsuit to the U.S. District Court for the Southern District of New York.
The case involves a patent dispute between plaintiffs Purdue Pharma L.P., P.F. Laboratories Inc., Purdue Pharmaceuticals L.P., and Rhodes Technologies and Collegium, relating to whether Collegium's new drug application to market and sell Xtampza ER, an abuse-deterrent, extended-release formulation of OxyContin (whose generic name is “oxycodone”), infringes four Purdue patents.
The court's ruling was issued by Judge Sue L. Robinson.
Purdue Pharma L.P. is based in Stamford, Conn.; P.F. Laboratories is based in Totowa, N.J.; Purdue Pharmaceuticals L.P. is based in Wilson, N.C.; and Rhodes Technologies is based in Coventry, R.I.
Ropes & Gray LLP represents Purdue. Robins Kaplan LLP represents Collegium.
To contact the reporter on this story: Dana A. Elfin in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Brian Broderick at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)