Free Judgment - District Court of Delaware - Delaware

Case 1:06-cv-00033-SLR Document 186 Filed O4/15/2008 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, )
Plaintiffs, )
)
v. ) C.A. N0. 06-33-SLR
)
TEVA PHARMACEUTICALS USA, INC. )
a Delaware Corporation, )
and TEVA PHARMACEUTICAL INDUSTRIES LTD., )
an Israeli Corporation, )
Defendants. )
FINAL JUDGMENT ORDER
The Court, having conducted a trial in the above-referenced matter, C.A. No. 06-33-SLR,
and having issued its Opinion on March 3l, 2008, hereby enters final judgment in the above-
referenced matter as follows:
l. Teva Pharmaceuticals USA, Inc.‘s and Teva Pharmaceutical Industries Ltd.’s
(collectively "Teva's") lansoprazole delayed release capsule products described in AN DA
No. 77-255. and the lansoprazole delayed release orally disintegrating tablets described in
ANDA No. 78-730 (collectively "Teva’s Products"), infringe claim I0 of U.S. Patent
No. 4,628,098 ("the '098 patent").
2. Teva's Products do not infringe claim 2 of U.S. Patent No. 5,045.32I ("the '32l
patent").
3. Claim l0 ofthe '098 patent and claim 2 ofthe ’32I patent are not invalid.
4. The '098 patent is not unenforceable.

Case 1 :06-cv-00033-SLR Document 186 Filed 04/15/2008 Page 2 of 2
5. Pursuant to 35 U.S.C. § 27l(e)(4)(A), the effective date 0f any Food and Drug
Administration approval of Teva’s ANDA No. 77-255 and ANDA No. 78-730 shall be no earlier
than the date of expiration of claim 10 of the '098 patent and any pediatric exclusivity that
applies to the '098 patent, ifapplicable.
6. Pursuant to 35 U.S.C. §27l(e)(4)(B), Teva, its affiliates, successors in interest,
assigns, officers, directors. agents, attorneys and employees, and those acting in privity or
concert with any of them, are hereby enjoined from engaging in the commercial manufacture,
use, offer for sale, or sale within the United States, or importation into the United States. of
Teva's Products, prior to expiration ofclaim l0 ofthe '098 patent.
7. Final judgment is hereby entered in favor of Plaintiffs and against Defendants on
Plaintiffs claims of infringement ofclaim I0 ofthe '098 patent.
8. Final judgment is hereby entered in favor of Plaintiffs and against Defendants on
Defendants' counterclaims that (l) Claim I0 of the `098 patent is invalid; (2) the '098 patent is
unenforceable; and (3) Claim 2 of`the '32l patent is invalid.
9. Final judgment is hereby entered in favor of Defendants and against Plaintiffs on
Defendants counterclaim of non—infringement of`the '32l patent.
I0. With respect to U.S. Patent Nos. 5,093,l32, 5,433,959, and 5,026.560. Plaintiffs
claims as set forth in the Amended Complaint and Defendants' counterclaims as set forth in the
Answer. Defense and Counterclaims to the Amended Complaint were dismissed with prejudice
on January 24, 2007.
SO ORDERED this /5% day of ,2008.
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