Court Grants Motion to Change Discovery Response and Denies Motion to Dismiss

November 17, 2015 – The Oregon District Court granted Defendant Bright Pharma Caps, Inc.’s motion to withdraw admissions, which it made in response to Requests for Admission made by Plaintiff Capsugel Belgium NV (“Capsugel”). The court relied on Federal Rule of Civil Procedure 36(b), which allows a withdrawal where “through honest error a party has made an improvident admission.” According to the court, Capsugel failed to show that it would be prejudiced by this withdrawal. The court also denied Bright Pharma’s motion to dismiss for improper service of process and lack of personal jurisdiction.

The patents-at-issue are U.S. Patent Nos. 6,887,307 B1 and 7,267,718 B2, which relate to “empty, two-piece hard capsules.” The case is captioned 3:15-cv-321-PK, and is pending in the United States District Court for the District of Oregon.

By: Katherine E. Adams

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