Free Stipulation - District Court of Delaware - Delaware

Case 1:O5—cv-00337-SLR Document 137 Filed O2/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KING PHARMACEUTICALS RESEARCH )
AND DEVELOPMENT, INC., ASTELLAS US )
LLC and ASTELLAS PHARMA US, INC., )
) Civil Action No. 05-337 SLR
Plaintiffs, )
I
v. )
)
SICOR INC. and )
SICOR PHARMACEUTICALS, INC., )
)
Defendants. )

REVISED STIPULATION
Whereas on May 16, 2006, the parties submitted a Stipulation to the Court concerning
infringement of claims 1, 3-12, 17, 18, 20-26 and 43 of the ‘877 patent, without prejudice to
Defendants’ allegations that asserted claims 1, 3-12, 17, 18, 20-26 and 43 ofthe ‘877 patent are
invalid.
Whereas Plaintiffs are now asserting infringement of only claim 23 as read through claim
17, claim 23 as read through claim 18, and claim 43 of the *877 patent.
Whereas the parties have agreed that any stipulation as to infringement shall be limited to
only the claims that Plaintiffs are now asserting, specifically claim 23 as read through claim 17,
claim 23 as read through claim 18, and claim 43 of the ‘877 patent.
Therefore, Plaintiffs King Pharmaceuticals Research and Development, Inc., Astellas US
LLC and Astellas Pharma US, Inc. (collectively, "Plaintiffs") and Defendants Sicor Inc. and
Sicor Pharmaceuticals, Inc. (collectively "Defendants"), hereby stipulate and agree, subject to
the approval of the Court, as follows:
1. Sicor Pharmaceuticals, Inc. filed Abbreviated New Drug Application No. 77-425
("Sicor’s ANDA") with the Food and Drug Administration (°‘FDA"), seeking approval for the

Case 1 :O5—cv-00337-SLR Document 137 Filed O2/28/2007 Page 2 of 3
commercial manufacture, use and sale of adenosine as an adjunct to thallium-201 myocardial
perfusion scintigraphy in patients unable to exercise adequately ("Adenosine Injection USP").
2. Defendants admit that making, using, offering to sell, importing, or selling Sicor’s
Adenosine Injection USP in the United States would infringe asserted claim 23 as read through
claim 17, claim 23 as read through claim 18, and claim 43 of the ‘877 patent. This admission is
without prejudice to Defendants’ allegations that asserted claim 23 as read through claim 17,
claim 23 as read through claim 18, and claim 43 of the ‘877 patent are invalid.
3. This Revised Stipulation replaces and supersedes the Stipulation dated May 16,
2006 and entered as an Order of this Court on May 17, 2006.
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Case 1 :05-cv-00337-SLR Document 137 Filed O2/28/2007 Page 3 of 3
SO STIPULATED:
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'Riehard K Herrmann #405 Josy W. Ingersoll #1088
Mary B. atterer # 2696 John W. Shaw #3362
MORRISQAMES LLP Karen E. Keller #4489
500 Delaware Avenue, Suite 1500 Youno Conawav STARGATT & TAYLOR, LLP
Wilmington, DE 19801-1494 The Brandywine Building
(302) 888-6800 1000 West Street
[email protected] Wilmington, DE 19801
[email protected] (302) 571-6672
Attorneys for Plaint@{s [email protected]
Astellas US LLC and [email protected]
Astellas Pharma US, Inc. l /gf}/Z _ @,2//H Atlorneysfor Defendants
7 Sicar [nc. and
Sicor Pharmaceuticals, Inc.
/
Paul Crawford #4/93
Patricia mink Rogowski #2632
CONNO Y BO E LODGE &
HUTZ LLP
1007 N. Oran e Street
P.O. Box 22
Wilmingto , D 19899-2207
(302) 65 -9141
pcrawf rd@cblh. m
Altar eysfor Plain W
[ter Development
S ORDERED this day of February, 2007.
The Honorable Sue L. Robinson
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