Free Stipulation - District Court of Delaware - Delaware

Case 1:08-cv-00162-JJF

Document 19

Filed 06/18/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Pfizer Inc., Pfizer Ireland Pharmaceuticals, Warner-Lambert Company, Warner-Lambert Company LLC and Warner-Lambert Export Limited, Plaintiffs/Counterclaim-Defendants v.

C.A. No. 08-cv-162-JJF

Ranbaxy Laboratories Limited Ranbaxy Pharmaceuticals, Inc. and Ranbaxy, Inc, Defendant/Counterclaim-Plaintiff.

CONSENT ORDER AND STIPULATED INJUNCTION WHEREAS, plaintiffs/counterclaim defendants Pfizer Inc., Pfizer Ireland Pharmaceuticals, Warner-Lambert Company, Warner-Lambert Company, LLC and Warner-Lambert Export Limited ("Pfizer") own U.S. patents covering the manufacture, sale and use of products containing atorvastatin and amlodipine, and any pharmaceutically acceptable salts thereof, including without limitation U.S. patents 6,087,511 and 6,274,740 (collectively, "Process Patents"); WHEREAS, defendant/counterclaim plaintiff Ranbaxy Laboratories Limited and Ranbaxy, Inc. ("Ranbaxy") has submitted to the U.S. Food and Drug Administration Abbreviated New Drug Application No. 78-747 ("Ranbaxy ANDA") for approval to

Case 1:08-cv-00162-JJF

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market and sell a generic product containing atorvastatin calcium and amlodipine besylate; WHEREAS, Pfizer and Ranbaxy are parties to litigation relating to the Ranbaxy ANDA and Process Patents, and Ranbaxy desires to sell a generic product containing atorvastatin calcium and amlodipine besylate under the Ranbaxy ANDA free from claims of infringement by Pfizer under the Process Patents; WHEREAS, Pfizer and Ranbaxy have entered into a Settlement and License Agreement, dated as of June 17, 2008 ("Settlement Agreement"), pursuant to which the parties have resolved this action and Pfizer has granted Ranbaxy certain rights to its portfolio of patents relating to atorvastatin; NOW THEREFORE, Pfizer and Ranbaxy stipulate that: 1. Ranbaxy, its officers, agents, servants, employees and attorneys, and those

persons in active concert or participation with Ranbaxy are enjoined until November 30, 2011 from engaging in the commercial manufacture, use, offer to sell, or sale within the United States, or importation into the United States, of any product comprising the chemical compounds atorvastatin calcium and amlodipine besylate. This injunction shall terminate automatically upon the U.S. Generic Lipitor Commencement Date as defined in the Settlement Agreement. 2. The Protective Order entered by the Court in this action shall remain in

full force and effect notwithstanding this Consent Order and Stipulated Injunction. 3. All claims and counterclaims are dismissed with prejudice, and each Party

shall bear its own costs, expenses and attorneys' fees in connection with this action. 4. The parties waive any right of appeal from this Order.

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5.

The Court reserves jurisdiction over this Consent Order in the event of any

dispute concerning it.

Dated: June 18, 2008

Dated: June 18, 2008

By:

/s/ Rudolf E. Hutz

By: /s/ Frederick L. Cottrell, III Frederick L. Cottrell, III (#2555) Email: [email protected] Richards, Layton & Finger One Rodney Square P.O. Box 551 Wilmington, DE 19899 (302) 658-6541 Attorneys for Defendants Of Counsel: Joseph M. Reisman William R. Zimmerman Payson LeMeilleur KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, 14th Floor Irvine, CA 92614 (949) 760-0404 Attorneys for Defendants

Rudolf E. Hutz (#484) Jeffrey B. Bove (#998) Mary W. Bourke (#2356) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899-2207 (302) 658-9141 Attorneys for the Plaintiffs

IT IS SO ORDERED, this _________ day of _____________________, 2008.

________________________________ The Honorable Joseph J. Farnan, Jr. United States District Judge

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