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Judge Andrews denies joint motion to vacate claim construction decision after parties stipulate to dismissal

Judge Richard G. Andrews recently denied the parties’ joint motion to vacate the Court’s claim construction order following the parties’ settlement and filing of a stipulation of dismissal.  Purdue Pharma LP, et al. v. Acura Pharmaceuticals Inc., et al., No. 15-292-RGA (D. Del. May 24, 2016).  The claim construction decision was issued after the Court agreed to an early claim construction of one term.  “It was suggested that construing the claim as Defendants requested would expedite the resolution of the case as Plaintiffs would be left with no viable infringement theory.”  Id. at 1.  Judge Andrews adopted Plaintiffs’ proposed construction.  Id.  In their joint motion to vacate, the parties offered no argument in support of their request.  Judge Andrews denied the request, noting that the Court “should only grant [the request] if there are exceptional circumstances present”; and “no such circumstances have been suggested, and none occur to me.”   Id. at 2 (citing Cisco Systems, Inc. v. Telcordia Techs, Inc., 590 F.Supp.2d 828, 830 (E.D. Tx. 2008)).

Purdue Pharma v. Acura Pharmaceuticals, No. 15-292-RGA

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