Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00654-GMS-LPS

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Filed 04/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x CNS, INC., d/b/a GLAXOSMITHKLINE and CREATIVE INTEGRATION & DESIGN, INC., Plaintiffs, v. ASO LLC, Defendant. ------------------------------------------------------x Plaintiffs CNS, Inc. d/b/a GlaxoSmithKline and Creative Integration & Design, Inc. and Defendant ASO LLC, through their respective counsel of record, stipulate and agree to the terms of the [Proposed] Order For Dismissal and Permanent Injunction submitted to the Court by the Plaintiffs' counsel today, and consent to and request its entry by this Court. Civil Action No. 07-cv-654 (GMS) Hon. Gregory M. Sleet, U.S.D.J. STIPULATION TO ENTER ORDER FOR DISMISSAL AND PERMANENT INJUNCTION

Case 1:07-cv-00654-GMS-LPS

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Dated: April 24, 2008

/s/ Francis DiGiovanni Francis D. Giovanni (Del. Bar. No. 3189) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, Delaware 19899 Telephone: (302) 888-6316 [email protected] Of Counsel: Richard C. Pettus Pamela C. White KING & SPALDING LLP 1185 Avenue of the Americas New York, New York 10036 (212) 556-2100 Attorneys for Plaintiffs CNS, Inc. D/B/A GlaxoSmithKline and Creative Integration & Design, Inc.

/s/ Karen L. Pascale Josy W. Ingersoll (No. 1088) Karen L. Pascale (No. 2903) YOUNG CONAWAY STARGATT & TAYLOR LLP The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19899-0551 Telephone: (302) 571-6600 kpascale @ycst.com Attorneys for Defendant ASO LLC

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Case 1:07-cv-00654-GMS-LPS

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Filed 04/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x CNS, INC., d/b/a GLAXOSMITHKLINE and CREATIVE INTEGRATION & DESIGN, INC., Plaintiffs, v. ASO LLC, Defendant. ------------------------------------------------------x Plaintiffs CNS, Inc., d/b/a GlaxoSmithKline ("CNS") and Creative Integration & Design, Inc. ( "CID"), having commenced this action by filing their Complaint on October 18, 2007, against Defendant ASO LLC ("ASO"), and ASO having stipulated and consented to the entry of this Dismissal and Permanent Injunction, to be binding on ASO, its officers, agents, employees, and other persons acting in concert with ASO who receive notice hereof: NOW, THEREFORE, upon the consent of the parties, IT IS ORDERED, ADJUDGED and DECREED that final judgment in favor of CNS and CID, and against ASO, be entered as follows: 1. This Court has jurisdiction of the subject matter of all counts of this action and Civil Action No. 07-cv-654 (GMS) Hon. Gregory M. Sleet, U.S.D.J. [PROPOSED] ORDER FOR DISMISSAL AND PERMANENT INJUNCTION

over all the parties hereto. 2. The parties have entered into a confidential Settlement Agreement wherein ASO,

without making any admission of the validity or infringement of the patent in suit, has agreed that it will not, after April 15, 2008, sell, offer for sale, import, manufacture, ship, order or purchase any Disputed Nasal Strips, samples of which are attached as Exhibit A to the confidential Settlement Agreement.

Case 1:07-cv-00654-GMS-LPS

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3.

ASO and its officers, agents, employees, and anyone acting in concert or

participation with ASO who receive actual notice hereof, are hereby enjoined and restrained from the sale, offer for sale, manufacture, use, distribution or importation within the United States or its territories in any manner, ASO's Disputed Nasal Strips, samples of which are attached as Exhibit A to the confidential Settlement Agreement until such time as all rights conferred by the Subject Patent have expired. This injunction does not apply to sales of Approved Nasal Strips, samples of which are attached as Exhibit B to the confidential Settlement Agreement, by ASO to distributors and customers on or after April 15, 2008, or to such distributors' and customers' distribution, resale or use of ASO's Approved Nasal Strips sold by ASO on or after April 15, 2008. 4. The Court shall retain jurisdiction to construe, enforce, or implement this

Dismissal and Permanent Injunction and the Settlement Agreement between CNS and ASO upon the application of any party. 5. In all other respects, the claims asserted against ASO are dismissed with prejudice

as to ASO. The parties shall bear their own costs and attorneys' fees associated with the present action. IT IS SO ORDERED. Dated: __________________ _________________________________ Honorable Gregory M. Sleet United States District Judge

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