In a recent order by the magistrate judge in Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC (NJD, Jan. 22, 2016), defendants Amneal Pharmaceuticals and Par Pharmaceuticals were reprimanded and threatened with sanctions and monetary fines for trying to use confidential information from the litigation to move for additional discovery in a related IPR proceedings. The judge ruled this behavior violated a Discovery Confidentiality Order (DCO) in place in the litigation.
Continue Reading Cross-Pollination of Information From Litigation to IPR Can Lead to Trouble for Parties
PTAB Judges Give Discovery Insights and Allude to Rule Changes
In a Boardside Chat on July 14, two PTAB judges provided insights regarding discovery best practices and strategies in AIA proceedings and alluded to upcoming rule changes that may change the standard for seeking discovery. The panel featured Lead Judge Grace Obermann and Judge Justin Arbes.
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Pharma Patent Owner Attacks Bass IPR Petitions by Requesting Discovery of Real Parties-In-Interest
A picture can be worth a thousand words. This one illustrates the complex web of actual and potential real parties-in-interest (RPIs) that a pharmaceutical patent owner is attempting to pierce for two IPR petitions recently filed by Coalition For Affordable Drugs II—one of several similarly-named creations of hedge-fund manager Kyle Bass and his Hayman Credes Master Fund. It’s also an example of attacking IPR petitions by seeking discovery of RPIs.
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PTAB Grants Joinder of Proceedings Raising Identical Challenges
On May 22, 2015, the Board granted Petitioners Motion for Joinder in Mercedes-Benz USA, LLC and Mercedes-Benz U.S. International, Inc. v. Innovative Display Technologies, LLC, IPR2015-00360. Mercedes-Benz sought to join its proceeding with LG Display Co., Ltd. v. Innovative Display Technologies, LLC, IPR2015-00360, which was instituted on January 13, 2015. Mercedes-Benz filed its petition approximately one month before the LG IPR was instituted. Both proceedings seek to invalidate claims of U.S. Patent No. 7,300,194 (“the ‘194 patent”) on identical grounds.
Continue Reading PTAB Grants Joinder of Proceedings Raising Identical Challenges