In the ANDA case Sepracor Inc. v. Dey L.P. and Dey, Inc., C.A. 06-113-JJF (D. Del. July 15, 2010), Judge Farnan granted plaintiff’s motion to amend its complaint to add claims for damages after defendants began selling their generic product and to add defendants’ parent companies as parties. Although the original claims were ready for trial Judge Farnan granted plaintiffs’ request to add the parent companies because the parent companies were involved in the sale and distribution of the generic product in question. Id. at 5. Moreover, any further discovery that may be necessary would not unduly prejudice the defendants because the discovery would be limited to only the sale and distribution of the product. Id. Judge Farnan also denied defendants request to bifurcate damages from liability because the limited discovery would not cause any undue delays and there would be no danger of confusion for the jury. Id. at 7.
Sepracor Inc. v. Dey L.P. and Dey, Inc., C.A. 06-113-JJF (D. Del. July 15, 2010)