Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00854-JJF Document 42-2 Filed 08/25/2008 Page 1 of 2
IN TI-UE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BOEHRINGER INGELHEIM INTERNATIONAL )
GMBH and BOEI-IRINGER INGELHEIM )
PHARIVIACEUTICALS, INC., )
Plaintiffs, )
v. ) C.A. N0. 05-854 (HF)
MYLAN PHARIVIACEUTICALS INC., g
Defendant. ) L
|1jROPOSED| FINAL JUDGMENT
Consolidated actions were tried on March 11-13, 2008 before the Honorable Joseph J.
Farnan. On August I3, 2008, Civil Action No. 05-700 (JIF) was dismissed pursuant to a
Settlement Agreement between Plaintiffs Boehringer Ingelheim Intemational GmbH and
Boehringer Ingelheim Pharmaceuticals, Inc. ("Plaintiffs") and Defendant Barr Laboratories, Inc.
(D.I. 258). In Civil Action No. 05-854 (JJF), the Court having considered the evidence and
argument presented at trial, as well as the arguments of counsel and the papers and pleadings on
file, n
IT IS HEREBY ORDERED AND ADJUDGED:
(1) that Defendant Mylan Pharmaceuticals Inc. ("Mylan") has infringed claims 3,
4, 5, 7, 9, and 10 of U.S. Patent No. 4,886,812 ("the ‘8l2 patent") by the tiling
of Abbreviated New Drug Application No. 77-854;
(2) that claims 3, 4, 5, 7, 9, and 10 of the ‘8l2 patent are invalid for obviousness-
type double patenting based on U.S. Patent No. 4,843,086 (“the ‘086 patent");
_ and

Case 1 :05-cv-00854-JJF Document 42-2 Filed 08/25/2008 Page 2 of 2
(3) that the Terminal Disclaimer filed by Boehringer with the PTO with respect to
the ’8 12 patent does not obviate obviousness-type double patenting.
Dated this _ day of August, 2008.
The Honorable Joseph J. Farnan, Jr.
United States District Judge
District of Delaware
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