In a recent encounter at the Federal Circuit, a Purdue Pharma attorney faced a difficult panel of judges when trying to base the company’s appeal of a Patent Trial and Appeal Board (PTAB) defeat on the Board’s two-year delay in delivering a verdict. The attorney faced criticism from the tri-judge panel for allegedly not providing clear and direct answers to their probing questions.
Purdue Pharma, the embattled pharmaceutical company known largely for its role in the opioid crisis, is no stranger to legal battles. However, the issues revolving around PTAB’s extended delay in judgement present a unique challenge for the company in their legal pursuits. It seems that the judges were looking for more substantive responses, emphasizing the need for in-depth analysis and remarkable preparation, especially when engaging in such high-stakes litigation.
For a detailed report on this hearing and the challenges Purdue Pharma’s representative faced, check out Andrew Karpan’s report on Law360.