Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv—O0884-SLR Document 86 Filed O1/19/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FERRING B.V., )
)
Plaintiff, )
)
v. ) Civ. No. 04-884-SLR
)
TEVA PHARMACEUTICALS USA, )
INC., et al., )
)
Defendants. )
O R D E R
At Wilmington this 19th day of January, 2007, having
reviewed the parties' submissions on the pending motions;
IT IS ORDERED that plaintiff's motion to dismiss with
prejudice (D I. 79) is granted, as unopposed.) Plaintiff’s
motion to stay or dismiss without prejudice is denied as moot
(D.I. 69), as is defendants’ motion to dismiss (D.I. 6l), except
that the court will retain limited jurisdiction for the purpose
;Because the patent in suit has been held unenforceable in
Ferring B.V. & Aventis Pharmaceuticals, Inc. v. Barr
Laboratories, Inc., No. 02—Civ—985l (CLB), 2005 U.S.Dist. LEXIS
3597 (S.D.N.Y. Feb. 7, 2005), aff'd, 437 F.3d ll8l (Fed. Cir.
2006), cert. denied, 2006 U.S. LEXIS 0344 (Oct. 30, 2006), all
claims and counterclaims in this litigation will be dismissed
with prejudice.

Case 1:04-cv-00884-SLR Document 86 Filed O1/19/2007 Page 2 of 2
0f deciding defendants’ motion for att0xneys’ fees.
United Statgg District Judge
2