Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., C.A. No. 15-260 - SLR, August 6, 2015

Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is to transfer venue is granted in part and denied in part.

This is an ANDA case relating to the drug oxycodone.  Defendant has its principal place of business in Massachusetts. It incorporated in Delaware in 2002 and thereafter in 2014 in Virginia.  The court finds that it does not have general jurisdiction over defendant. Defendant is not currently incorporated in Delaware, nor is Delaware its principal place of business.  The court further finds there is no basis for specific jurisdiction. Defendant did not send its notice letter to Delaware, it is not registered to do business in Delaware, and plaintiff did not prepare its NDA in this state. There is no indication clinical trials were conducted in Delaware.  Although the API oxycodone is manufactured in Delaware, that fact is insufficient to pass constitutional muster.  The court transfers to Massachusetts (preferred by plaintiff) where defendant is headquartered rather than New York (preferred by defendant) where related litigation is on appeal and new issues are involved in this case.