Purdue Pharma successfully moves for additional discovery regarding real-party-in-interest, leading to termination of IPRs before institution
Clients Purdue Pharma L.P.
Jones Day defended patent owner, Purdue Pharma L.P., in connection with two inter partes review (IPR) petitions brought by the petitioner, Kashiv Pharma, LLC, against U.S. Patent Nos. 9,492,392 and 9,492,393. In its preliminary response, Purdue Pharma raised real-party-in-interest issues concerning an unnamed party, Amneal Pharmaceuticals, LLC. Subsequently, Purdue Pharma successfully moved to compel the depositions of the president of Kashiv and the CEO of Amneal based on evidence that demonstrated these individuals were in possession of critical information concerning the relationship between the Kashiv and Amneal. Concurrent to granting the motion, the board ordered expedited supplemental briefing on the issue from Purdue Pharma and Kashiv. Following this rare successful motion, the IPRs were terminated on August 21, 2018.
Kashiv Pharma, LLC v. Purdue Pharma, L.P. et al., IPR Nos. 2018-00625, -00717 (PTAB)