Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1 :08-cv—00339-SLR Document 16 Filed 08/19/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
TAKEDA PHARMACEUTICAL COMPANY )
‘ LIMITED, a Japanese Corporation, and TAP )
PHARMACEUTICAL PRODUCTS INC., a )
Delaware Corporation, )
i )
. Plaintiffs, )
_ ) C.A. No. 08-339-SLR
1 V. )
)
BARR. LABORATORIES, INC., a Delaware )
Corporation, and BARR PHARMACEUTICALS, )
INC., a Delaware Corporation, )
)
l Defendants. )
STIPULATION OF DISMISSAL
- Takeda Pharmaceutical Company Limited and TAP Pharmaceutical Products,
A Inc., (collectively "'l`akeda") and Defendants Barr Laboratories, Inc. ("Barr Labs") and Barr
Pharmaceuticals, inc. ("Barr Pha.rmaceuticals"), subject to the Court’s approval, hereby stipulate
to dismiss the Complaint as tiled by Takeda against Defendant Barr Pharmaceuticals in the
above captioned action. The action will continue against Barr Labs. it is further stipulated that
this dismissal is without prejudice and is premised upon the following stipulations:
l. Barr Pharmaceuticals agrees to be bound by any judgment in the above-
i captioned action against Barr Labs as if it were a party to such action; -
2 2. Barr Pharmaceuticals stipulates that, to the extent that it has documents,
witnesses, and infomation in its custody and control that are relevant to the Complaint against
Barr Labs, Barr Pharmaceuticals agrees to provide Takeda with such documents, witnesses, and
infomation in response to discovery requests to Barr Labs to the same extent Barr
Pharmaceuticals would be required to do so if it were a party to this action;

Case 1 :08-cv—00339-SLR Document 16 Filed 08/19/2008 Page 2 of 2
3. Pursuant to Fed. R. Civ. P 41(a), Takeda, Barr Labs, and Barr
Pharmaceuticals agree to dismiss all claims against Barr Pharmaceuticals inthe above-captioned
action, without prejudice; and
4. The case caption shall be amended to read: Takeda Pharmaceutical
Company Limited and TAP Pharmaceutical Products, Inc., Plairztwfr v. Barr Laboratories, Inc.,
Defendant, Civil Action No. 08-339—SLR.
1 MORRIS, NICHOLS, ARSHT & TUNNEL LLP POTTER ANDERSON & CORROON LLP
By: /s/ Rodger D. Smith By: /s/ David E. Moore
( Jack B. Blumenfeld (#1014) Richard L. Horwitz (#2246)
1 Mary B. Graham (#2256) David E. Moore (#3983)
1 Rodger D. Smith (#3778) Hercules Plaza 6th Floor
James W. Parrett, Jr. (#4292) 1313 N. Market Street
l201 N. Market Street P.O. Box 951
P.O. Box 1347 Wilmington, DE 19899
Wilmington, DE 19899-1347 Tel: (302) 984-6000
Tel: 302-658-9200 [email protected]
9 j`[email protected] [email protected]
i mg,1;[email protected]
[email protected] Attorneys for Defendants
jgarrett{@,rtmat.com
Attorneys for Plaintgjiv
SO ORDERED
Dated:
Honorable Sue L. Robinson
United States District Judge
878904/33171
~2—

Case 1:08-cv-00339-SLR

Document 16

Filed 08/19/2008

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Case 1:08-cv-00339-SLR

Document 16

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