Richards Layton & Finger
 

Judge Andrews Grants Motion to Amend Complaint

August 30, 2017

In Purdue Pharma L.P. v. Epic Pharma, LLC, C.A. No. 16-87-RGA (D. Del. July 27, 2017), Judge Andrews granted the plaintiffs’ motion to amend their complaint to include an additional patent. The Court found that adding the patent “ma[de] sense” because the patent came from the same family and its addition would be efficient for all of the parties. Judge Andrews also allowed allegations of “exceptional case” to be added, but clarified that discovery on the issue would only proceed should the plaintiffs become a prevailing party.

Key Point: Even if exceptional case is properly pled in the complaint, the Court may not allow discovery on the issue until after a determination on the merits.