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Judge Andrews grants motion to file amended and supplemental complaint

Judge Richard G. Andrews recently granted Purdue Pharma L.P.’s motion to file an amended and supplemental complaint to add a patent from the same family already at issue in the case.  Purdue Pharma L.P. v. Epic Pharma, LLC, No. 16-87-RGA (D. Del. Jul. 27, 2017).  In doing so, Judge Andrews also permitted plaintiff to plead allegations of “exceptional case,” but cautioned Purdue Pharma “that I will not allow discovery into those allegations simply because they are stated in the Complaint.  If Plaintiffs become a prevailing party, that would the appropriate time to consider whether to allow any discovery in whether this is an exceptional case.”  Id. at 1.

Purdue Pharma L.P. v. Epic Pharma, No. 16-87 (D. Del. Jul. 27, 2017)

 

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