Free Proposed Consent Judgment - District Court of Delaware - Delaware

Case 1 :07-cv-00790-JJF Document 21 Filed 05/14/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE "
)
PFIZER INC, ) »
PFIZER IRELAND PHARMACEUTICALS, )
WARNER-LAMBERT COMPANY, )
WARNERIAMBERT COMPANY, LLC )
and WARNER—LAI\/IBERT EXPORT LTD., )
)
Plaintiffs/Counterclaim—Defendants )
)
v. )
) C.A. No.07—790—JJF
COBALT PHARMACEUTICALS, INC., )
)
Defendant/Counterclaim-Plaintiff )
)
CONSENT JUDGMENT AND ORDER OF COURT
WHEREAS, plaintiffs/counterclaim defendants Pfizer Inc, Pfizer Ireland Pharmaceuticals,
Wamer—Lambert Company, Warner-Lambert Company, LLC and Warner-Lambert Export Ltd.
("Pfizer"), and defendant-counterclaim plaintiff Cobalt Pharmaceuticals Inc. ("Cobalt") stipulate
that:
l. 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.
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Case 1 :07-cv-00790-JJF Document 21 Filed 05/14/2008 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 Piizer Inc, Piizer Ireland Pharmaceuticals,
Warner-Lambert Company, Warner—Lambert Company, LLC and Warner-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 Pfizer and
against Cobalt, dismissing all counterclaims alleging and seeking declarations of non-
infringement, invalidity or unenforceability of the ‘995 patent; and it is further
ORDERED that, pursuant to the provisions of 35 U.S.C. §27 l(e)(4)(A), the effective date
of any approval of Cobalt’s NDA 22—245, seeking FDA approval of atorvastatin sodium tablets,
l0, 20, 40 and 80 mg dosage strengths, shall be a date which is not earlier than the date of
expiration of the ‘995 patent (December 28, 2010); and it is further,
_ ORDERED that, pursuant to the provisions of 35 U.S.C. §27l(e)(4)(B), Cobalt, its
officers, agents, servants, employees and attorneys, 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
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Case 1 :07-cv-00790-JJF Document 21 Filed 05/14/2008 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 YOUNG CONAWAY STARGATT &
TAYLOR, LLP
BYZ By: /s/ Jeffrey T. Castellano
Rudolf E. Hutz (#484) John Shaw (#3362)
J0r00y B. B0v0 (#998) gfrgy Tfasteiiguq @4837)
e ran V1l'1C u1 mg
Mary W· B°“’k° @356) 1000 w00tys000t, wh Floor
The Nemours Building Wgmjngtm DE 19899
1007 North Orange Street (302)-571-6600
Wilmington, DE 19899 )[email protected]
(302)-658-9141 [email protected]
rhutZ@Cblh_COm Attorneys for Defendant Cobalt
Atmrneysfor Plaintm Pfizer Inc., Phcll’mclC€1/tliCcIlS, [HC.
Pfizer Ireland Pharmaceuticals,
Warner-Lambert Company, Warner-
Lambert Company, LLC and Warner-
Lambert Export Ltd.
IT IS SO ORDERED, this day of , 2008.
The Honorable Joseph J. Faman, Jr.
United States District Judge
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