Free Patent/Trademark Report to Commissioner - District Court of Delaware - Delaware

Case 1 :07-cv-00790-JJF Document 23 Filed 05/21 /2008 Page 1 of 1
°§t AO 120 Rev. 3/04
TO Matt stop 8 REPORT on THE
` Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
E0. Box 1450 ACTION REGARDING A PATENT on
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1 1 16 you are hereby advised that a court action has been
filed in the U.S. District Court Delaware on the following X Patents or lj Trademarks:
DOCKET NO. DATE FILED U.S. DISTRICT COURT
O7cv790 l I2/6/2007 DISTRICT OF DELAWARE
PLAINTIFF DEFENDANT
Pfizer Inc., Pfizer Ireland Phaxmaceuticals, Cobalt Pharmaceuticals, Inc.
Wamer-Lambert Company, Warner—Lambert Company, LLC
and Wamer—Lambert Export, Ltd.
PATENT OR DATE OF PATENT
TRADEMARK NO OR TRADEMARK HOLDER OF PATENT OR TRADEMARK
I 5,273,995 12/28/93 Wamer-Lambert Company
2 __
2 __
2
2 __
ln the above——entitIed case, the following patent(s)/ trademarl<(s) have been included:
DATE INCLUDED INCLUDED BY
[:1 Amendment III Answer [:1 Cross Bill I] Other Pleading
PATENT OR DATE OF PATENT
TRADEMARK NO OR TRADEMARK HOLDER OF PATENT OR TRADEMARK
2 __
2 __
2 __
2 __
2 __
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/IUDGEMENT
See Attached Consent Judgment and Order of Court
CLERK (BY) DEPUTY CLERK DATE
PETER T. DALLEO, CLERK OF COURT `/`Y 1 5/21/2008
uu I I t A . A 2../
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

Case 1 :07-cv-00790-JJF Document 23-2 Filed 05/21 /2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE "
)
PFIZER INC, ) ·
PFIZER IRELAND PHARMACEUTICALS, )
WARNER—LAM§BERT COMPANY, )
WARNER-LAMBERT COMPANY, LLC )
and WARNER-LAMBERT E>G°ORT LTD., )
)
Plaintiffs/Counterclaim—Defendants )
)
v. )
) C.A. No.O7—790—JIF
COBALT PHARMACEUTICALS, INC., )
)
Defendant/Counterclaim-Plaintiff )
)
CONSENT JUDGMENT AND ORDER OF COURT
WHEREAS, plaintiffs/counterclaim defendants Pfizer Inc, Pfizer Ireland Pharmaceuticals,
Warner-Lambert Company, Wamer—Lambert Company, LLC and Warner-Lambert Export Ltd.
("Piizer"), and defendant-counterclaim plaintiff Cobalt Pharmaceuticals Inc. ("Cobalt") stipulate
that:
1. Cobalt admits that U.S. Patent No. 5,273,995 ("the ‘995 patent") would be
infringed by the commercial manufacture, use, offer to sell or sale within the United
States or importation or causing, directly or indirectly, the importation into the United
States the proposed product that is the subject of Cobalt’s New Drug Application
("NDA") 22-245, comprising atorvastatin sodium.
2. Cobalt admits that U.S. Patent No. 5,273,995 is valid and enforceable and waives
its defenses and counterclaims in the above-captioned action.
1

Case 1 :07-cv-00790-JJF Document 23-2 Filed 05/21/2008 Page 2 of 3
3. Any Protective Order entered by the Court in this action shall remain in full force
and effect notwithstanding this Judgment and Order.
4. The parties waive any right of appeal from this Judgment and Order.
5. Each party shall bear its own costs, expenses and attorneys’ fees in connection
with this action.
NOW THEREFORE, IT IS ORDERED AND ADJUDGED, on consent of the parties,
that judgment shall be entered in favor of plaintiffs Pfizer Inc, Pfrzer Ireland Pharmaceuticals,
Warner-Lambert Company, Warner-Lambert Company, LLC and Wamer-Lambert Export Ltd.
and against defendant Cobalt Pharmaceuticals Inc that Cobalt has infringed United States Patent
No. 5,273,995; and it is further
ORDERED AND ADJUDGED that judgment shall be entered in favor of Pfrzer and
against Cobalt, dismissing all counterclaims alleging and seeking declarations of non-
infringement, invalidity or rmenforceability of the ‘995 patent; and it is further
ORDERED that, pursuant to the provisions of 35 U.S.C. §271(e)(4)(A), the effective date
of any approval of Coba1t’s NDA 22-245, seeking FDA approval of atorvastatin sodium tablets,
10, 20, 40 and 80 mg dosage strengths, shall be a date which is not earlier than the date of
expiration ofthe ‘995 patent (December 28, 2010); and it is further,
W ORDERED that, pursuant to the provisions of 35 U.S.C. §271(e)(4)(B), Cobalt, its
officers, agents, servants, employees and attomeys, and those persons in active concert or
participation with Cobalt are enjoined until the date of expiration of the ‘995 patent (December
28, 2010) 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
2

Case 1 :07-cv-00790-JJF Document 23-2 Filed 05/21/2008 Page 3 of 3
compound atorvastatin sodium covered by, or the sale or use of which is covered by, the ‘995
patent.
Dated: May 14, 2008 Dated: May 14, 2008
CONNOLLY BOVE LODGE & HUTZ Youwo coNAwAY STABGATT &
TAYLOR, LLP
B1/I By: /s/ Jeffrey T. Castellano
Rudolf E. Hutz (#484) John Shaw (#3362)
Jeffrey B. Bova (#998) J¤ffr¤y Tacastcii-¤¤<2 $#4837)
Mm W· B°“Ik° (#2356) lb1g0Biiva;1St}g`t¥giBi1i%“ Elgor
The Nemours Building Wgmjngton DE fgggg
1007 North Orange Street (302)-571-6600
Wilmington, DE 19899 [email protected]
(302)-658-9141 ][email protected]
rhutZ@cblh_cOm Attorneys jbr Dej%nalant Cobalt
Attomeysfm, plaintwg. Pfizer Inc. Pharmaceuticals, Inc.
Pfizer Ireland Pharmaceuticals,
Warner-Lambert Company, Warner-
Lambert Company, LLC and Warner-
Lambert Export Ltd
/
IT IS SO ORDERED, this day of % , 2008.
The orab J h J. Fa1·nan,£
Unié§tates District Judge
3

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