Replies to post #27243 on Intellipharmaceutics International Inc. (IPCI)

[Samsa]

JCali.....they are arguing that the patents Purdue cited in the case have been deemed invalid and therefore under the law they are barred from using the patents as a means to hold up the FDA approval process;

(E). Declaring that Counterclaim-Defendants are estopped from enforcing the ‘976,‘933, ‘919, ‘389, ‘391, and ‘060 patents where identical issues of validity have been raised,litigated, and decided in previous proceedings in which resolution of the issue was necessary to support a valid and final judgment on the merits and where Counterclaim-Defendants had a full and fair opportunity to litigate the validity of the ‘976, ‘933, ‘919, ‘389, ‘391, and ‘060 patents;
(H)Preliminarily and permanently enjoining Counterclaim-Defendants, their officers,agents, servants, employees, attorneys, successors, and any other person who acts in concert or participation with Counterclaim-Defendants from using the ‘976, ‘933, ‘919, ‘389, ‘391, and‘060 patents to block, hamper, hinder, or obstruct FDA approval of the products described in
NDA No. 209653;

[kfcyahoo]

"how many days for the purdue lawyers to respond? does judge need to tell them to respond by a date or is it automatic?"

Found the notes below at
http://iposgoode.ca/TheUSPatentLitigationProcess-IPOsgoodeDecember2010.pdf
pg 4, 2nd paragraph:
If the defendant has asserted counterclaims (e.g.,
asserting that the plaintiff’s patent is invalid), the
plaintiff must serve a reply, which is the plaintiff’s
answer to the counterclaims. The plaintiff is
required to respond to counterclaims in the same
manner as the defendant is required to respond to the
plaintiff’s claims—that is, by either denying or
admitting the allegations. Replies are due within 21
days after being served with the counterclaims.

Authored in Dec 2010 by:

Irfan A. Lateef is a Partner at Knobbe Martens in
Irvine, California. He is a graduate of Georgetown
University Law Center (J.D.), Northwestern
University (M.S. Biomedical Engineering), and
University of Illinois, Urbana-Champaign
(B.S.E.E.).
Marko R. Zoretic is a Partner at Knobbe Martens in
Irvine, California and is the president of the
Canadian American Bar Association. He is a
graduate of McMaster University (Electrical
Engineering and Management) in Hamilton, Ontario
and Osgoode Hall Law School (J.D.) in Toronto,
Ontario.

Don't know how much(if at all) things have changed since 2010.

Pg 7 of their paper notes "If a patent infringement lawsuit makes it to trial—and less than 5% do—it will likely be a trial
by jury. The parties may waive the right to a jury
trial and have the court try the case, but such waivers
are rare."