Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00138-JJF Document 49 Filed 12/11/2007 Page1 of 4 A
IN THE UNITED STATES DISTRICT COURT _
. FOR THE DISTRICT OF DELAWARE
PFIZER INC., ) ‘
PFIZER PHARMACEUTICALS, LLC, )
PFIZER LIMITED, )
C.P. PHARMACEUTICALS )
NTERNATIONAL C.V., )
PFIZER IRELAND PHARMACEUTICALS,) ‘
WARNER—LAMBERT COMPANY, ) .
WARNER—LAMBERT COMPANY, LLC )
and ) -
WARNER-LAMBERT EXPORT LTD. )
)
Plaintiffs, _ )
I
v. ) Civil Action No. 07—l8 (JJF)
" )
RANBAXY LABORATORIES )
LIMITED, and RANBAXY INC. )
) .
Defendants. )
STIPULATED AMENDED ORDER OF FINAL JUDGMENT .
WHEREAS, This action having come before the Court upon consideration of
plaintiffs/counterclaim-defendants Pfizer Inc., Pfizer Pharmaceuticals, LLC, Pfizer
{ Limited, C.P. Pharmaceuticals International C.V., Pfizer Ireland Pharmaceuticals,
l Wamer-Lambert Company, Warner-Lambert Company, LLC and Warner-Lambert
i Export Limited’s (collectively "Pfizer") Motion to Dismiss, and for Partial Judgment on
the Pleadings; and,
WHEREAS, a decision has been rendered (D.l. 46, 47) and judgment entered on
November 29, 2007 (D.I. 48) against Defendant’s Ranbaxy Laboratories, Limited and
Ranbaxy Inc. (collectively "Ranbaxy") that United States Patent No. 4,681,893 (the
°"893 Patent”) and its term extension are valid and enforceable and that Ranbaxy has
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Case 1:07-cv-00138-JJF Document 49 Filed 12/11/2007 Page 2 of 4
infringed the ‘893 patent; and, l —
WHEREAS, Pfizer has requested that this judgment be amended consistent with
35 U.S.C. § 27l(e)(4); and,
WHEREAS, Ranbaxy has consented to the form of judgment as amended and
has reseived its rights to appeal consistent with the Federal Rules of Civil Procedure.
Now, THEREFORE, IT IS ORDERED AND ADJUDGED, for the reasons
set forth in the Court’s Opinion and Order dated November 29, 2007, that Judgment shall
be entered in favor of plaintiffs Pfizer Inc, Pfizer Ireland Pharmaceuticals, Warner-
Lambert Company, Warner-Lambert Company LLC and Warner—Lambert Export, Ltd.
s and against defendants Ranbaxy Laboratories Limited and Ranbaxy Inc. on Pfizer’s
claims that Ranbaxy has infringed United States Patent No. 4,681,893 (the "’893
Patent"); and it is further,
ORDERED AND ADJUDGED that Judgment shall be entered in favor of Pfizer
and against Ranbaxy on all counterclaims alleging noninfringement, invalidity, or
unenforceability of the ’893 Patent or its patent term extension; and it is further,
ORDERED that pursuant to 35 U.S.C. § 271 (e) (4) (A), the effective date of any
approval of Ranbaxy’s Abbreviated New Drug Application (as described in a letter dated
January 24, 2007 from Ranbaxy Inc. to Pfizer and attached to the Complaint as Exhibit
"D”) shall be a date which is not earlier than the date of expiration of the ’893 Patent and
its patent term extension (September 24, 2009, with attached six months of pediatric
h exclusivity ending on March 24, 2010, to which Pfizer is entitled); and it is further,
ORDERED that pursuant to 35 U.S.C. § 271 (e) (4) (B), defendants Ranbaxy
Laboratories Limited and Ranbaxy Inc., each of their officers, agents, servants,
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Case 1:07-cv-00138-JJF Document 49 Filed 12/11/2007 Page 3 of 4
employees and attorneys, and those persons in active concert or participation with them
or either of them are permanently enjoined from engaging in the manufacture, use, offer
to sell, or sale within the United States, or importation into the United States, of any
product comprising atorvastatin calcitun and amlodipine besylate covered by, or the use
of which is covered by the ’893 Patent. 4
CONNOLLY BOVE LODGE & HUTZ LLP
/s/ Rudolf E. Hutz -
Rudolf E. Hutz (#484)
Email: [email protected]
J efliey B. Bove (#998)
Mary W. Bourke (#2356)
The Nemours Building
1007 North Orange Street
» P.O. Box 2207 `
‘ Wilmington, DE 19899-2207
(302) 658-9141
Attorneys for the Plairzt%*/Counterclaim—
DATED: December 11, 2007 dejéndants
Consented as to form:
RICHARDS LAYTON & FINGER, P.A.
Of CGUHSGI /s/ Frederick L. Cottrell, III
Joseph M. Reisman ·
William R- Zimmerman Frederick L. Cottrell, III (#2555)
P¤yS9¤ L<=M91119¤r Hman; ¤¤me11@r1r.¤¤m
KNOBBE, MARTENS. OLSON Jameson A.L. Tweedie (#4927)
& BEAR, LLP Email: [email protected]
2040 Main Street, 14th Floor gm, Rodney Squayg
Irvine, CA 92614 p_()_ BOX 551
(949) 7690404 wiimmgm, DE 19899
. (302) 658-6541
DATED D€C€mb€T 11, 2007 Attorneys for Dej%rzdants/Counterclaim-
plaintwfs
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Case 1:07-cv-00138-JJF Document 49 Filed 12/11/2007 Page 4 of 4
IT IS SO ORDERED this day of December, 2007.
The Honorable Joseph J. Faman, Jr.
United States District Judge
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