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Hogan Lovells Wins Two Favorable Decisions for Depomed, Inc. in IPR Proceedings

25 September 2015

NEW YORK, 25 September 2015 – Hogan Lovells secured two favorable final written decisions for its client Depomed, Inc. in inter partes review proceedings (IPRs), which are relatively new adversarial proceedings for challenging the validity of patents before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office, rather than in federal courts.

The decisions confirmed the patentability of all 23 challenged claims of two Depomed patents subject to IPRs initiated by Endo Pharmaceuticals, Inc.  Hogan Lovells had previously persuaded PTAB to deny institution of two other IPRs filed by Endo against the two Depomed patents.

This further helps clear the path for Depomed to continue its patent infringement lawsuit against Endo in the District of New Jersey.  Hogan Lovells represents Depomed in the district court litigation as well, which has been stayed pending the outcome of the IPRs against the patents in suit.  

Based on the PTAB's decisions, Depomed plans to request that the District Court lift the current stay and proceed with the patent infringement lawsuit.  As a result of the IPR decisions, Endo will not be able to assert invalidity arguments based on prior art they raised or reasonably could have raised in the IPRs.

The Hogan Lovells New York-based team includes partner Arlene Chow, who served as lead counsel, partner Eric Lobenfeld, and associates Peter Noh and Ernest Yakob, Ph.D.

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