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Case 1:04-cv-00884-SLR Document 92-2 Filed 01/17/2008 Paget of2 C
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FERRING B.V., )
Plaintiff, g
v. g Civ. No. 04-884-SLR
TEVA PHARIVIACEUTICALS USA, g
INC. and TEVA PHARIVIACEUTICALS )
INDUSTRIES, LTD., )
Defendants. g
O R D E R
At Wilmington this 15th day of January, 2008, the above captioned case having
been dismissed (D.l. 86), but the court having retained jurisdiction for purposes of
deciding defendants' motion for attorney fees; and having considered said motion and
the papers submitted in connection therewith;
IT IS ORDERED that said motion (D.I. 61) is denied, as the court concludes that
a finding of inequitable conduct by a divided panel ofthe Federal Circuiti does not
present the kind of extraordinary case that warrants fee shifting, especially under the
circumstances at bar where defendants were not required to invest substantial
resources ln defending against this action. E Frank's Casing Crew & Rental Tools,
Inc. v. PMR Techs., Ltd., 292 F.3d 1363, 1377-78 (Fed. Cir. 2002); eSpeed, Inc. v.
2006) lgg Ferrlng B.V. v. Barr Laboratories, Inc., 437 F.3d 1181, 1195 (Fed. Cir.

Case 1:04-cv-00884-SLR Document 92-2 Filed O1/17/2008 Page 2 of 2
Brokertec, USA, L.L.C., 417 F. Supp. 2d 580, 600 (D. Del. 2006). The case shall be
closed by operation of this order. .
United Statesgistrict Judge
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