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IPR blog post 12.5. 2016 - IPR_Blog9

Judicial Estoppel Does Not Bar Assertion of Invalidity Defenses Raised But Not Instituted in IPR

By Jennifer Bush on December 5, 2016
Posted in Inter Partes, Life Sciences, PTAB

In the most recent action in Depomed, Inc. v. Purdue Pharma LP, a patent infringement case involving pain reliever OxyContin, Purdue Pharma asked the U.S. District Court for the District of New Jersey to confirm that certain of the defenses it raised under 35 U.S.C. §§ 102 and 103 remained after a decision in…

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