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`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
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`In re:
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`PURDUE PHARMA L.P., et al.,
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`Debtors.1
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`Chapter 11
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`Case No. 19-23649 (RDD)
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`(Jointly Administered)
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`ORDER GRANTING MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY
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`Upon (i) the motion, dated July 2, 2020 (the “Debtors’ Motion”)2 of Purdue Pharma L.P.
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`and its affiliates that are debtors and debtors in possession in these cases (collectively, the
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`“Debtors”) for entry of an order, pursuant to sections 105(a) and 362(d)(1) of the Bankruptcy
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`Code modifying the automatic stay to permit the Debtors to prosecute certain pending patent
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`litigation, and (ii) the motion, dated July 20, 2020 (the “Collegium Motion” and, together with
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`the Debtors’ Motion, the “Motions”) of Collegium Pharmaceutical, Inc. (“Collegium”) for entry
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`of an order, pursuant to sections 105(a) and 362(d)(1) of the Bankruptcy Code modifying the
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`automatic stay to permit the PTAB Action to proceed, in each case as more fully described in the
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`Motions; and upon all objections to the Motions and other related pleadings; and the Court having
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`jurisdiction to consider the Motions and the relief requested therein pursuant to 28 U.S.C. §§
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`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.
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`2 Unless otherwise defined herein, each capitalized term shall have the meaning ascribed to such term in the
`Debtors’ Motion.
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`#93588407v5
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`Purdue 2043
`Collegium v. Purdue, PGR2018-00048
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`157(a)-(b) and 1334(b) and the Amended Standing Order of Reference M-431, dated January 31,
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`2012 (Preska, C.J.); and consideration of the Motions and the relief requested therein being a core
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`proceeding under 28 U.S.C. § 157(b); and venue being proper before the Court pursuant to 28
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`U.S.C. §§ 1408 and 1409; and due and proper notice of the Motions having been provided to the
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`Notice Parties, and it appearing that no other or further notice need be provided; and upon the
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`record of the hearing held by the Court on the Motions (the “Hearing”); and, after due deliberation
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`and for the reasons stated by the Court in its bench rulings at the Hearing, the Court having
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`determined that the legal and factual bases set forth in the Motions and at the Hearing establish
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`good and sufficient cause for the relief granted herein; and the Court having determined that such
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`relief is in the best interests of the Debtors, their estates, their creditors and all other parties in
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`interest,
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`IT IS HEREBY ORDERED THAT
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`1.
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`The Motions are granted to the extent set forth herein and the objections to the Motions are
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`denied except to the extent set forth herein.
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`2.
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`The automatic stay under section 362(a) of the Bankruptcy Code is lifted and
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`modified pursuant to section 362(d)(1) of the Bankruptcy Code for the purpose of allowing the
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`Patent Litigation (as defined in the Debtors’ Motion) and the PTAB Action (as defined in the
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`Collegium Motion) to proceed through final judgment, but not enforcement.
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`3.
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`Notwithstanding anything to the contrary herein or otherwise, (i) Collegium is
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`barred from contending in any non-bankruptcy forum that the automatic stay under section 362(a)
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`of the Bankruptcy Code has tolled, extended or precludes the imposition of any deadline imposed
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`upon Collegium or upon the PTAB in the PTAB Action, and (ii) section 108(c)(2) of the
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`Bankruptcy Code does not apply to extend any deadline in the PTAB Action unless it is determined
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`in a non-bankruptcy forum that the PTAB Action is a “civil action” and that the PTAB is a “court”
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`for purposes of section 108(c) of the Bankruptcy Code and the other conditions of such section
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`have been satisfied.
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`4.
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`The Court makes no determination as to (i) the nature and effect of the deadline
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`under 35 U.S.C. § 326(a)(11), (ii) whether the PTAB imposed a deadline on Collegium or the
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`effect of any deadline so imposed, and (iii) whether the PTAB Action is a “civil action” before a
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`“court” as those terms are used in 11 U.S.C. § 108(c). Such determinations, if any, should be made
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`by the PTAB and any appellate court upon review of the PTAB’s determinations.
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`5.
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`Any Bankruptcy Rule (including, but not limited to, Bankruptcy Rules 4001(a)(3)
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`or 6004(h)) or Local Bankruptcy Rule that might otherwise delay the effectiveness of this Order
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`is waived, for cause, and the terms and conditions of this Order shall be effective immediately and
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`enforceable upon its entry.
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`6.
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`The contents of the Motions and the notice procedures set forth therein are good
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`and sufficient notice and satisfy the Bankruptcy Rules and the Local Rules, and no other or further
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`notice of the Motions or the entry of this Order shall be required.
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`7.
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`The Debtors and Collegium, as applicable, are authorized to take all actions
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`necessary to effectuate the relief granted in this Order in accordance with the Motions.
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`8.
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`The Court shall retain jurisdiction to hear and determine all matters arising from or
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`related to the implementation, interpretation and enforcement of this Order.
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`Dated: White Plains, New York
` September 1, 2020
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` /s/Robert D. Drain
`THE HONORABLE ROBERT D. DRAIN
`UNITED STATES BANKRUPTCY JUDGE
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`Purdue 2043
`Collegium v. Purdue, PGR2018-00048
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