Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:06-cv-00033-SLR Document 120 Filed 07/03/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TAKEDA PHARMACEUTICAL COMPANY, )
LTD. and TAP PHARMACEUTICAL )
PRODUCTS, INC., )
Plaintiffs, g
v. g Civ. No. 06-33-SLR
TEVA PHARMACEUTICALS USA, INC. and i
TEVA PHARMACEUTICAL INDUSTRIES )
LTD., )
Defendants. g
O R D E R
At Wilmington this 3d day of July, 2007, having reviewed defendants’ motion to
amend and the papers submitted in connection therewith; and having conferred with
counsel;
IT IS ORDERED that said motion (D.I. 104) is granted (without objection by
plaintiffs) to the extent that defendants are asserting that plaintiff Takeda committed
inequitable conduct during the prosecution of the application that resulted in the ‘098
patent. The motion is denied with respect to the second ground, that is, that plaintiff
Takeda’s petition for a patent term extension for the ‘098 patent was improper.
IT IS FURTHER ORDERED that defendants’ request for further discovery
relating to testing results between 1995 and 1997 is denied, consistent with the record

Case 1:06-cv—00033—SLR Document 120 Filed 07/03/2007 Page 2 of 2
established at the discovery conference conducted on June 25, 2007.
United States l§strict Judge
2