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

Case 1:05-cv—00337-SLR Document 162-2 Filed 10/29/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KING PHARMACEUTICALS RESEARCH )
AND DEVELOPMENT, INC., ASTELLAS U.S. )
LLC, and ASTELLAS PHARMA US, INC., )
)
Plaintiffs, )
) Civil Action No. 05-0337-SLR
v. )
)
SICOR INC. and SICOR )
PHARMACEUTICALS, INC., )
)
Defendants. )

JUDGIVHZNT AND INJUNCTION ON CONSENT
Plaintiffs Astellas US LLC and Astellas Pharma US, Inc. (hereinafter collectively "Astellas")
and King Pharmaceuticals Research and Development, Inc. (hereinafter "King") and Defendants
Sicor Inc. and Teva Parenteral Medicines, Inc. (formerly known as Sicor Pharmaceuticals, Inc.)"
(hereinafter collectively "Sicor"), have agreed to terms and conditions representing a negotiated
settlement of this action and have set forth those terms and conditions in a Settlement Agreement.
Now the parties, by their respective undersigned attorneys, hereby stipulate and consent to entry of
judgment in this action as follows:
It is HEREBY ORDERED, ADIUDGED, AND DECREED:

Case 1:05-cv—00337-SLR Document 162-2 Filed 10/29/2007 Page 2 of 4
l. This Court has jurisdiction over the subject matter of this action and has
personal jurisdiction over the parties.
2. With respect to Count II of the Complaint herein, seeking a declaratory
judgment of infringement under 35 U.S.C. § 27l(b) and (c), Sicor
admits for itself and its Affiliates (as defined in the Settlement
Agreement) that claims 23 as read through claim 17, 23 as read through
claim 18, and 43 of U.S. Patent No. 5,070,877 (the "Asseited Claims")
would be infringed by use, importation, offer for sale, or sale of
the adenosine product, Adenosine Injection, USP labeled for use in
myocardial perfusion imaging described in Sicor‘s Abbreviated New
Dnig Application No. 77-425 (the "Sicor ANDA Product"), except as
provided in the Settlement Agreement.
3. Sicor further admits for itself and its Affiliates (as defined in
the Settlement Agreement) that the Asserted Claims are valid and
enforceable as to the Sicor ANDA Product and any product only
colorably different thereiiom.
4. Sicor and its Affiliates (as defined in the Settlement Agreement) shall not
market the Sicor ANDA Product except as provided in the Settlement
Agreement.
5. Counts I and III of the Complaint herein, seeking a judgment of
infringement under 35 U.S.C. § 27l(e)(2), are dismissed without
prejudice.
6. This Court retains jurisdiction to enforce or supervise performance under
this Judgment and Injunction on Consent and the Settlement Agreement.
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Case 1 :05-cv—00337-SLR Document 162-2 Filed 10/29/2007 Page 3 of 4
7. Each party shall bear its own costs and att0rneys' fees.
Dated: October 22, 2007
/s/ Richard K. Herrmann /s/ Karen L. Pascale
Approved as to fonn: Approved as to form:
Richard K. Herrmann #405 Josy W. Ingersoll #1088
Mary B. Matterer # 2696 Karen L. Pascale #2903
Moiuus JAMES LLP YoUNG CONAWAY STARGATT & TAYLOR, LLP
500 Delaware Avenue, Suite 1500 The Brandywine Building
Wilmington, DE 19801-1494 1000 West Street
(302) 888-6800 Wilmington, DE 19801
[email protected] (302) 571-6672
mmatterer@mon·isjames.com [email protected]
[email protected]
Charles E. Lipsey
FINNEGAN, HENDERsoN, FARABOW, David M. Hashmall, P.C.
GARRETT & DUNNER, LLP Annemarie Hassett
Two Freedom Square GOODWIN PROCTOR LLP
1 1955 Freedom Drive 599 Lexington Avenue
Reston, VA 20190-5675 New York, NY 10022
(571) 203-2700 [email protected]
[email protected]
Susan H. Griffen
David P. Frazier Attorneys for Defendants
FINNEGAN, HENDERsoN, FARABOW, Siem Inc. and
GARRETT & DUNNER, LLP Sicor Pharmaceuticals, Inc.
901 New York Avenue
Washington, D.C. 20001-4413
(202) 408-4000
Attorneysfor Plaint@¢
Astellas US LLC and
Astellas Pharma U5) Inc.
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Case 1:05-cv—00337-SLR Document 162-2 Filed 10/29/2007 Page 4 of 4
/s/ Paul E. Crawford
Approved as to form:
Paul E. Crawford #493
Patricia Smink Rogowski #2632
CoNNoLLY Bova Loooia & Hurz LLP
1007 North Orange Street
Wilmington, DE 19801
(302) 658-9141
[email protected]
F. Dominic Cerrito
Brian Poissant
JONES DAY
222 E. 41" Street
New York, NY 10017
(212) 326-3939
Attorneys far Plaintw
King Pharmaceuticals Research and
Development, Inc,
SO ORDERED this <7l—5t•~day of Ooh lin./U , 2007.
United gms District Judge
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