Richards Layton & Finger
 

Judge Andrews Grants Plaintiff's Request to Limit Number of Patent Claims for Trial and Dismisses Dropped Claims with Prejudice

July 11, 2017

In Omeros Corp. v. Par Sterile Products, LLC, C.A. No. 15-773-RGA (D. Del. June 6, 2017), Judge Andrews granted the plaintiff’s request to proceed with twelve claims across the six patents-in-suit. Judge Andrews noted that the plaintiff had agreed to drop four claims from one of the patents-in-suit in exchange for the defendants’ agreement to limit their prior art obviousness references to no more than three combinations per asserted claim. In the same order, however, Judge Andrews ruled that the patent claims the plaintiff agreed to drop would be dismissed with prejudice, stating, “They cannot be brought back if the trial does not turn out in Omeros’ favor.”

Key Points: This opinion is consistent with the Court’s practice of limiting the number of claims for trial.