19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 1 of 13
`
`Hearing Date and Time: July 23, 2020, at 2:00 p.m. (prevailing Eastern Time)
`Objection Date and Time: July 16, 2020, at 4:00 p.m. (prevailing Eastern Time)
`
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, New York 10017
`Telephone: (212) 450-4000
`Facsimile: (212) 701-5800
`Marshall S. Huebner
`Benjamin S. Kaminetzky
`Timothy Graulich
`Eli J. Vonnegut
`Christopher S. Robertson
`
`Counsel to the Debtors
`and Debtors in Possession
`
`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`In re:
`
`Chapter 11
`
`PURDUE PHARMA L.P., et al.,
`
`Case No. 19-23649 (RDD)
`
`Debtors.1
`
`(Jointly Administered)
`
`NOTICE OF HEARING ON DEBTORS’ MOTION FOR ORDER MODIFYING THE
`AUTOMATIC STAY TO PERMIT THE DEBTORS TO PROSECUTE CERTAIN
`PENDING PATENT LITIGATION
`
`PLEASE TAKE NOTICE that on July 2, 2020, the above-captioned debtors and debtors
`
`in possession in these proceedings (collectively, the “Debtors”) filed the Debtors’ Motion for
`
`1 The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the
`applicable jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue
`Transdermal Technologies L.P.
`(1868), Purdue Pharma Manufacturing L.P.
`(3821), Purdue
`Pharmaceuticals L.P. (0034), Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745),
`Greenfield BioVentures L.P. (6150), Seven Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue
`Pharma of Puerto Rico (3925), Avrio Health L.P. (4140), Purdue Pharmaceutical Products L.P. (3902),
`Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc. (7805), Button Land L.P. (7502),
`Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584), Rhodes
`Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
`SVC Pharma Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201
`Tresser Boulevard, Stamford, CT 06901.
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 2 of 13
`
`Order Modifying the Automatic Stay to Permit the Debtors to Prosecute Certain Pending Patent
`
`Litigation (the “Motion”). A hearing on the Motion will be held on July 23, 2020 at 2:00 p.m.
`
`(prevailing Eastern Time) (the “Hearing”) before the Honorable Robert D. Drain, United States
`
`Bankruptcy Judge, United States Bankruptcy Court for the Southern District of New York, at the
`
`United States Bankruptcy Court for the Southern District of New York, 300 Quarropas Street,
`
`White Plains, New York 10601 (the “Bankruptcy Court”), or at such other time as the
`
`Bankruptcy Court may determine.
`
`PLEASE TAKE FURTHER NOTICE that the Hearing may be continued or adjourned
`
`thereafter from time to time without further notice other than an announcement of the adjourned
`
`date or dates at the Hearing or a later hearing. The Debtors will file an agenda before the
`
`Hearing, which may modify or supplement the motions to be heard at the Hearing.
`
`PLEASE TAKE FURTHER NOTICE that pursuant to General Order M-543, dated
`
`March 20, 2020 (Morris, C.J.) (“General Order M-543”), the Hearing will be conducted
`
`telephonically.2 Parties wishing to appear at, or attend, the Hearing must refer to and comply
`
`with the Bankruptcy Court’s guidelines for telephonic appearances3 and make arrangements with
`
`Court Solutions LLC by telephone at (917) 746-7476.
`
`PLEASE TAKE FURTHER NOTICE that any responses or objections (the
`
`“Objections”) to the Motion shall be in writing, shall conform to the Federal Rules of
`
`Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York,
`
`shall be filed with the Bankruptcy Court (a) by attorneys practicing in the Bankruptcy Court,
`
`
`2 A copy of General Order M-543 can be obtained by visiting http://www.nysb.uscourts.gov/news/court-operations-
`under-exigent-circumstances-created-covid-19.
`
` 3
`
` The Bankruptcy Court’s procedures for telephonic appearances are available at:
`http://www.nysb.uscourts.gov/telephonic-appearances-white-plains.
`
`2
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 3 of 13
`
`including attorneys admitted pro hac vice, electronically in accordance with General Order
`
`M-399 (which can be found at http://www.nysb.uscourts.gov), and (b) by all other parties in
`
`interest, on a CD-ROM, in text-searchable portable document format (PDF) (with a hard copy
`
`delivered directly to Chambers), in accordance with the customary practices of the Bankruptcy
`
`Court and General Order M-399, to the extent applicable, and shall be served in accordance with
`
`the Second Amended Order Establishing Certain Notice, Case Management, and Administrative
`
`Procedures entered on November 18, 2019 [Docket No. 498], so as to be filed and received no
`
`later than July 16, 2020 at 4:00 p.m. (prevailing Eastern Time) (the “Objection Deadline”).
`
`PLEASE TAKE FURTHER NOTICE that any objecting parties are required to attend
`
`the Hearing, and failure to appear may result in relief being granted upon default; provided that
`
`objecting parties shall attend the Hearing telephonically so long as General Order M-543 is in
`
`effect or unless otherwise ordered by the Bankruptcy Court.
`
`PLEASE TAKE FURTHER NOTICE that if no Objections are timely filed and served
`
`with respect to the Motion, the Debtors may, on or after the Objection Deadline, submit to the
`
`Bankruptcy Court an order substantially in the form of the proposed order annexed to the Motion,
`
`which order may be entered without further notice or opportunity to be heard.
`
`PLEASE TAKE FURTHER NOTICE that copies of the Motion may be obtained free
`
`of
`
`charge
`
`by
`
`visiting
`
`the
`
`website
`
`of
`
`Prime
`
`Clerk
`
`LLC
`
`at
`
`https://restructuring.primeclerk.com/purduepharma. You may also obtain copies of any
`
`pleadings by visiting the Bankruptcy Court’s website at http://www.nysb.uscourts.gov in
`
`accordance with the procedures and fees set forth therein.
`
`3
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 4 of 13
`
`Dated: July 2, 2020
`
`New York, New York
`
`
`
`
`
`
`
`
`
`
`
`
`DAVIS POLK & WARDWELL LLP
`
`By:
`/s/ Eli J. Vonnegut
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, New York 10017
`Telephone: (212) 450-4000
`Facsimile: (212) 701-5800
`Marshall S. Huebner
`Benjamin S. Kaminetzky
`Timothy Graulich
`Eli J. Vonnegut
`Christopher S. Robertson
`
`Counsel to the Debtors
`and Debtors in Possession
`
`4
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 5 of 13
`
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, New York 10017
`Telephone: (212) 450-4000
`Facsimile: (212) 701-5800
`Marshall S. Huebner
`Benjamin S. Kaminetzky
`Timothy Graulich
`Eli J. Vonnegut
`Christopher S. Robertson
`
`
`
`Counsel to the Debtors
`and Debtors in Possession
`
`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`In re:
`
`PURDUE PHARMA L.P., et al.,
`
`
`Debtors.1
`
`
`
`Chapter 11
`
`Case No. 19-23649 (RDD)
`
`(Jointly Administered)
`
`
`
`
`
`DEBTORS’ MOTION FOR ORDER MODIFYING THE AUTOMATIC STAY TO
`PERMIT THE DEBTORS TO PROSECUTE CERTAIN
`PENDING PATENT LITIGATION
`
`Purdue Pharma L.P. (“PPLP”) and its affiliates that are debtors and debtors in possession
`
`in these proceedings (collectively, the “Debtors”) respectfully state as follows:
`
`
`
`
`1 The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the applicable
`jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
`Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034),
`Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven
`Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
`Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc.
`(7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584),
`Rhodes Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
`SVC Pharma Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201 Tresser
`Boulevard, Stamford, CT 06901.
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 6 of 13
`
`Relief Requested
`
`1.
`
`By this Motion (the “Motion”), and pursuant to sections 105(a) and 362(d)(1) of
`
`the United States Code, 11 U.S.C. § 101, et seq. (as amended or modified, the “Bankruptcy
`
`Code”), the Debtors seek entry of an order, substantially in the form attached hereto as Exhibit
`
`A (the “Order”), modifying the automatic stay to allow the Debtors to prosecute certain pending
`
`patent litigations as described below.
`
`Jurisdiction and Venue
`
`2.
`
`The United States Bankruptcy Court for the Southern District of New York (the
`
`“Court”) has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the
`
`Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska, C.J.). This is a
`
`core proceeding pursuant to 28 U.S.C. § 157(b)(2) and, pursuant to Rule 7008 of the Federal
`
`Rules of Bankruptcy Procedures (the “Bankruptcy Rules”), the Debtors consent to entry of a
`
`final order by the Court in connection with this Motion to the extent that it is later determined
`
`that the Court, absent consent of the parties, cannot enter a final order or judgment consistent
`
`with Article III of the United States Constitution.
`
`3.
`
`Venue is proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409.
`
`General Background
`
`4.
`
`On September 15, 2019 (the “Petition Date”), the Debtors each commenced with
`
`this Court a voluntary case (collectively, the “Chapter 11 Cases”) under chapter 11 of the
`
`Bankruptcy Code. The Debtors are authorized to operate their businesses and manage their
`
`properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy
`
`Code. On September 27, 2019, the United States Trustee for the Southern District of New York
`
`6
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 7 of 13
`
`appointed the official committee of unsecured creditors (the “Committee”). No trustee or
`
`examiner has been appointed in these Chapter 11 Cases.
`
`5.
`
`Additional information about the Debtors’ businesses and the events leading up to
`
`the Petition Date can be found in the Debtors’ Informational Brief filed on September 16, 2019
`
`[ECF No. 17].
`
`The Patent Litigation
`
`6.
`
`Prior to the Petition Date, Debtors Purdue Pharma L.P., Purdue Pharmaceuticals
`
`L.P. and Rhodes Technologies and non-Debtor The P.F. Laboratories Inc. commenced certain
`
`patent infringement actions (collectively, the “Patent Litigation”) in the United States District
`
`Court for
`
`the District of Massachusetts (the “District Court”) against Collegium
`
`Pharmaceutical, Inc. (“Collegium”), including consolidated Case No. 15-13099 (FDS) and Case
`
`No. 17-11814 (FDS), which has been consolidated under lead docket Case No. 15-13099 (FDS)
`
`for case management and discovery purposes only [Case No. 17-11814, ECF No. 29]. In the
`
`Patent Litigation, the Debtors assert that Collegium’s manufacture and sale of Xtampza® ER, an
`
`extended-release oxycodone-based pain medication, infringes certain of the Debtors’ patents.
`
`7.
`
`On September 20, 2019, upon receiving notice of the Debtors’ bankruptcy
`
`proceedings, the District Court stayed the Patent Litigation [Case No. 15-13099, ECF No. 219].
`
`The District Court gave the parties permission to advise the court of developments and seek
`
`leave to lift or modify the stay pending further developments in the bankruptcy. In its order
`
`staying the Patent Litigation, the District Court stated that it was “unclear” whether the District
`
`Court’s approval of a pending stipulation and proposed order in the Patent Litigation would
`
`violate the automatic stay imposed upon the filing of these Chapter 11 Cases. Id.
`
`8.
`
`The Debtors believe that it is in the best interest of their estates to resume the
`
`Patent Litigation at this time. Xtampza ER competes with the Debtors’ OxyContin® extended-
`
`7
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 8 of 13
`
`release pain medication. Collegium’s marketing and sale of Xtampza ER, which the Debtors
`
`assert infringes a number of their patents, is causing the Debtors ongoing economic harm, which
`
`will continue unless and until the Debtors are successful in the Patent Litigation. Accordingly,
`
`the Debtors are requesting a formal order from this Court granting relief from the automatic stay
`
`imposed by section 362 of the Bankruptcy Code to allow the Debtors to continue to prosecute the
`
`Patent Litigation.
`
`Basis for Relief Requested
`
`9.
`
`The automatic stay may be lifted or modified for cause pursuant to section
`
`362(d)(1) of the Bankruptcy Code. “It is well settled that, since the purpose of the automatic
`
`stay is to protect creditors as well as the debtor, the debtor may not waive the stay [without
`
`Bankruptcy Court approval].” Commerzanstalt v. Telewise Sys., Inc., 790 F.2d 206, 207 (2d Cir.
`
`1986).
`
`10.
`
`Courts in the Second Circuit consider twelve factors, set forth in Sommax Indus.,
`
`Inc. v. Tri-Component Prod. Corp. (In re Sommax Indus., Inc.), 907 F.2d 1280 (2d Cir. 1990), to
`
`determine on a case-by-case basis whether cause exists under section 362(d)(1) to lift the
`
`automatic stay to allow a stayed proceeding to continue. The twelve Sommax factors are:
`
`1) Whether relief would result in a partial or complete resolution of the issues;
`2) Lack of any connection with or interference with the bankruptcy case;
`3) Whether the other proceeding involves the debtor as a fiduciary;
`4) Whether a specialized tribunal with the necessary expertise has been
`established to hear the cause of action;
`5) Whether the debtor’s insurer has assumed full responsibility for defending it;
`6) Whether the action primarily involves third parties;
`7) Whether the litigation in another forum would prejudice the interests of other
`creditors;
`8) Whether the judgment claim arising from the other action is subject to
`equitable subordination;
`
`8
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 9 of 13
`
`9) Whether movant’s success in the other proceeding would result in a judicial
`lien avoidable by the debtor;
`10) The interests of judicial economy and the expeditious and economical
`resolution of litigation;
`11) Whether the parties are ready for trial in the other proceeding; and
`12) Impact of the stay on the parties and the balance of harms.
`
`Sommax, 907 F.2d at 1286.
`
`11.
`
`A movant need not satisfy every one of the twelve factors. E.g., In re Kolnberger,
`
`603 B.R. 253, 268 (Bankr. E.D.N.Y. 2019) (collecting cases).
`
`12.
`
`Here, only the first, second, seventh, eleventh, and twelfth factors are relevant to
`
`the Motion, and all five weigh in favor of the relief sought herein.
`
`Factor One: Whether Relief Would Result in a Partial or Complete Resolution of the Issues
`
`13.
`
`Factor one weighs heavily in favor of modifying the automatic stay, to the extent
`
`the stay applies to the Patent Litigation. As discussed above, Collegium’s infringement of the
`
`Debtors’ patents is causing the Debtors ongoing harm. The Debtors cannot resolve this issue
`
`without prosecuting the Patent Litigation.
`
`Factor Two: Lack of Any Connection With or Interference With the Bankruptcy
`
`14.
`
`The Debtors have ample cash on hand to fund any incremental litigation
`
`expenses. In addition, Jones Day represents the Debtors in connection with intellectual property
`
`prosecution and litigation, including in connection with the Patent Litigation. Jones Day is not
`
`responsible for the day-to-day administration and prosecution of these Chapter 11 Cases or for
`
`the resolution of opioid-related claims against the Debtors. Continuation of the Patent Litigation
`
`will therefore not interfere with the administration of the Debtors’ estates.
`
`9
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 10 of 13
`
`Factor Seven: Whether the Litigation in Another Forum would Prejudice the Interests of Other
`Creditors
`
`15.
`
`Prosecution of the Patent Litigation does not prejudice the interests of other
`
`creditors. The Debtors assert that Collegium is currently infringing certain of the Debtors’
`
`patents. If the Debtors are successful in the Patent Litigation, the result would benefit the
`
`Debtors’ estates and all of their stakeholders.
`
`Factor Eleven: Whether the Parties are Ready for Trial in the Other Proceeding
`
`16.
`
`The Patent Litigation was active as of the Petition Date, and Jones Day has been
`
`representing the Debtors in connection with this matter since November 2015. The Debtors are
`
`prepared to resume the action at any time.
`
`Factor Twelve: Impact of the Stay on the Parties and the Balance of Harms
`
`17.
`
`Finally, factor twelve weighs in favor of the relief requested herein. As discussed
`
`above, prosecuting the Patent Litigation will not interfere with these Chapter 11 Cases. The
`
`Debtors believe that it is in their best interests to resume prosecution of the Patent Litigation at
`
`this time.
`
`18.
`
`Courts in this district and other districts routinely grant similar relief as requested
`
`in this Motion. See, e.g., In re Frontier Comms. Corp., Case No. 20-22476 (RDD) (Bankr.
`
`S.D.N.Y. May 8, 2020) (granting Debtors’ request to modify automatic stay to participate in
`
`pending appeal); In re Windstream Holdings, Inc., Case No. 19-22312 (RDD) (Bankr. S.D.N.Y.
`
`Apr. 22, 2019) (same); In re The Great Atlantic & Pacific Tea Co., Inc., Case No. 15-23007
`
`(RDD) (Bankr. S.D.N.Y. Aug. 17, 2016) (same); In re Orexigen Therapeutics, Inc., Case No. 18-
`
`10518 (KG) (Bankr. D. Del. Jul. 23, 2018) (granting stipulated order modifying automatic stay to
`
`continue appeal of patent infringement litigation); In re W.R. Grace & Co., Case No. 01-01139
`
`10
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 11 of 13
`
`(JJF) (Bankr. D. Del. Nov. 3, 2001 (granting Debtors’ request to modify automatic stay to
`
`continue appeal of patent infringement litigation).
`
`Debtors’ Reservation of Rights
`
`19.
`
`Nothing contained herein or any action taken pursuant to such relief is intended or
`
`shall be construed as (a) an admission as to the validity or priority of any claim against the
`
`Debtors; (b) a waiver of the Debtors’ or any appropriate party in interest’s rights to dispute the
`
`amount of, basis for or validity of any claim against the Debtors; (c) a waiver of any claims or
`
`causes of action that may exist against any creditor or interest holder or any other party; or (d) an
`
`approval, assumption, adoption or rejection of any agreement, contract, lease, program or policy
`
`between the Debtors and any third party under section 365 of the Bankruptcy Code. Likewise, if
`
`the Court grants the relief sought herein, any payment made pursuant to the Court’s order is not
`
`intended to be and should not be construed as an admission as to the validity or priority of any
`
`claim or a waiver of the Debtors’ rights to subsequently dispute such claim.
`
`Waiver of Stay Under Bankruptcy Rule 4001(a)(3)
`
`20.
`
`Pursuant to Bankruptcy Rule 4001(a)(3), an order granting relief from the
`
`automatic stay “is stayed until the expiration of fourteen (14) days after the entry of the order,
`
`unless the Court orders otherwise.” Fed. R. Bankr. P. 4001(a)(3). Given the nature of the relief
`
`requested herein, the Debtors submit that it is appropriate that the 14-day stay of Bankruptcy
`
`Rule 4001(a)(3) be waived.
`
`Notice
`
`Notice of this Motion will be provided as to (a) the entities on the Master Service
`
`21.
`
`List (as defined in the Second Amended Order Establishing Certain Notice, Case Management,
`
`and Administrative Procedures entered on November 18, 2019 [ECF No. 498] and available on
`
`the Debtors’ case website at https://restructuring.primeclerk.com/purduepharma) and (b) any
`
`11
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 12 of 13
`
`person or entity with a particularized interest in the subject matter of this motion (the “Notice
`
`Parties”). The Debtors respectfully submit that no further notice is required.
`
`22.
`
`The Debtors have not previously sought the relief requested herein from the Court
`
`No Prior Request
`
`or any other court.
`
`
`
`
`
`[Remainder of Page Intentionally Left Blank]
`
`
`
`12
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328 Filed 07/02/20 Entered 07/02/20 12:44:02 Main Document
`Pg 13 of 13
`
`WHEREFORE, the Debtors respectfully request that the Court enter the proposed form of order,
`
`substantially in the form attached hereto, granting the relief requested herein and such other
`
`relief as the Court deems appropriate under the circumstances.
`
`Dated: July 2, 2020
`New York, New York
`
`DAVIS POLK & WARDWELL LLP
`
`/s/ Eli J. Vonnegut
`By:
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, New York 10017
`Telephone: (212) 450-4000
`Facsimile: (212) 701-5800
`Marshall S. Huebner
`Benjamin S. Kaminetzky
`Timothy Graulich
`Eli J. Vonnegut
`Christopher S. Robertson
`
`Counsel to the Debtors
`and Debtors in Possession
`
`13
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328-1 Filed 07/02/20 Entered 07/02/20 12:44:02 Exhibit
`A-Proposed Order Pg 1 of 4
`
`
`
`Exhibit A
`
`Proposed Order
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328-1 Filed 07/02/20 Entered 07/02/20 12:44:02 Exhibit
`A-Proposed Order Pg 2 of 4
`
`
`
`
`In re:
`
`PURDUE PHARMA L.P., et al.,
`
`Debtors.1
`
`
`
`
`
`Chapter 11
`
`Case No. 19-23649 (RDD)
`
`(Jointly Administered)
`
`ORDER MODIFYING THE AUTOMATIC STAY TO PERMIT THE DEBTORS TO
`PROSECUTE CERTAIN PENDING PATENT LITIGATION
`
`Upon the motion (the “Motion”)2 of Purdue Pharma L.P. and its affiliates that are debtors
`
`and debtors in possession in these proceedings (collectively, the “Debtors”) for entry of an order,
`
`pursuant to sections 105(a) and 362(d)(1) of the Bankruptcy Code modifying the automatic stay
`
`to permit the Debtors to prosecute certain pending patent litigation, as more fully described in the
`
`Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein
`
`pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference M-431,
`
`dated January 31, 2012 (Preska, C.J.); and consideration of the Motion and the relief requested
`
`therein being a core proceeding under 28 U.S.C. § 157(b); and venue being proper before the
`
`Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having
`
`been provided to the Notice Parties, and it appearing that no other or further notice need be
`
`
`1 The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the applicable
`jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
`Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034),
`Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven
`Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
`Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc.
`(7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584),
`Rhodes Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
`SVC Pharma Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201 Tresser
`Boulevard, Stamford, CT 06901.
`
`2 Unless otherwise defined herein, each capitalized term shall have the meaning ascribed to such term in the Motion.
`
`
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328-1 Filed 07/02/20 Entered 07/02/20 12:44:02 Exhibit
`A-Proposed Order Pg 3 of 4
`
`provided; and the Court having reviewed the Motion and held a hearing to consider the relief
`
`requested in the Motion (the “Hearing”); and the Court having determined that the legal and
`
`factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted
`
`herein; and the Court having determined that the relief requested is in the best interests of the
`
`Debtors, their estates, their creditors and all parties in interest; and upon all of the proceedings
`
`had before the Court and after due deliberation and sufficient cause appearing therefor;
`
`IT IS HEREBY ORDERED THAT
`
`1.
`
`2.
`
`The Motion is hereby granted as set forth herein.
`
`The automatic stay is lifted and modified for the purpose of allowing the Debtors
`
`to continue their prosecution of the Patent Litigation.
`
`3.
`
`Any Bankruptcy Rule (including, but not limited to, Bankruptcy Rules 4001(a)(3)
`
`or 6004(h)) or Local Rule that might otherwise delay the effectiveness of this Order is hereby
`
`waived, and the terms and conditions of this Order shall be effective immediately and
`
`enforceable upon its entry.
`
`4.
`
`The contents of the Motion and the notice procedures set forth therein are good
`
`and sufficient notice and satisfy the Bankruptcy Rules and the Local Rules, and no other or
`
`further notice of the Motion or the entry of this Order shall be required.
`
`5.
`
`The Debtors are authorized to take all actions necessary to effectuate the relief
`
`granted in this Order in accordance with the Motion.
`
`6.
`
`The Court shall retain jurisdiction to hear and determine all matters arising from
`
`or related to the implementation, interpretation and enforcement of this Order.
`
`2
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`

`

`19-23649-rdd Doc 1328-1 Filed 07/02/20 Entered 07/02/20 12:44:02 Exhibit
`A-Proposed Order Pg 4 of 4
`
`White Plains, New York
`Dated:
`, 2020
`
`THE HONORABLE ROBERT D. DRAIN
`UNITED STATES BANKRUPTCY JUDGE
`
`3
`
`Purdue 2040
`Collegium v. Purdue, PGR2018-00048
`
`