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Patent - Abbreviated New Drug Application(ANDA) | Delaware
Notice of Service
NOTICE OF SERVICE of Lupin Defendants' Supplement to the Final Invalidity Contentions concerning Secondary Considerations filed by Lupin Inc., Lupin Ltd., Lupin Pharmaceuticals, Inc..(Hitch, Cortlan)
Oral Order
ORAL ORDER - Based on Defendants' representation that they will not bring an inequitable conduct counterclaim related to the '664 Patent (D.I. 173), IT IS HEREBY ORDERED that Plaintiff's motion to amend the complaint to add the '611 Patent is DENIED. The Court finds that allowing the pleading would cause undue prejudice and delay to the Defendants because permitting the amendment would likely result in subsequent Rule 12 briefing at such a late stage in the case that it could jeopardize the trial date. Moreover, given the Supreme Court's recent ruling in Hikma, it appears possible that Plaintiff's proposed amendment would be futile. So while the Court finds no bad faith or dilatory motive, it will exercise its discretion to DENY Plaintiff's motion to amend the complaint in this case to add the '611 Patent. To the extent that Plaintiff wishes to assert the '611 Patent, it may do so by filing a separate action. ORDERED by Judge Maryellen Noreika on 9/9/2026. (dlw)
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