Court Won't Allow Purdue Pharma to Reargue Jurisdiction

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By Dana A. Elfin

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

To contact the editor responsible for this story: Brian Broderick at

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