Invalidity Defenses Raised but not Instituted During IPR Are not Barred by Statutory or Judicial Estoppel, PTAB Litigation Blog
In Depomed, Inc. v. Purdue Pharma L.P. et al, 3-13-cv-00571, the District of New Jersey held that neither statutory nor judicial estoppel bars Purdue from continuing to assert invalidity defenses that were not instituted during inter partes review (“IPR”) of Depomed’s patents. The decision was prompted by Purdue’s motion to amend its Invalidity Contentions seeking: (1) leave to amend its contentions to assert indefiniteness of a claim term that was previously construed during the IPR proceedings; and (2) confirmation that its 35 U.S.C. §§ 102 and 103 defenses remain in the case despite the PTAB’s decisions upholding the validity of the asserted claims.
Read the full article at ptablitigationblog.com.