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Case 1:05-cv—00336-SLR Document 167-2 Filed 10/29/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ITEM DEVELOPMENT AB, ASTELLAS US )
LLC and ASTELLAS PHARMA US, INC., )
)
Plaintiffs, ) Civil Action No. 05-336 SLR
)
v. g
SICOR INC. and SICOR )
PHARMACEUTICALS, INC., )
)
Defendants. )

JUDGMENT AND IN.IUNCTION ON CONSENT
Plaintiffs Astellas US LLC and Astellas Phaillia US, Inc. (hereinafter collectively
"Astellas"), and Item Development AB (hereinafter "Item") and Defendants Sicor Inc.
and Teva Parenteral Medicines, Inc. (foinierly 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 entiy of judgment in this action as follows:
It is HEREBY ORDERED, ADIUDGED, AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and has personal
jurisdiction over the parties.
2. With respect to Count H of the Complaint herein, seeking a declaratory judgment of
infringement under 35 U.S.C. § 27l(b) and (c), Sicor admits for

Case 1 :05-cv—00336-SLR Document 167-2 Filed 10/29/2007 Page 2 of 4
itself and its Affiliates (as defined in the Settlement Agreement) that claims 1,
3, 7, and 9 of U.S. Patent N0. 5,731,296 (the "Asserted 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 Drug 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 therefrom.
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 l1 1 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.
7. Each party shall bear its own costs and attomeys' fees.
Dated: October 22, 2007
/s/ Richard K. Herrmann /s/ Karen L. Pascale
Approved as to form: Approved as to form:
Richard K. Herrmann #405 Josy W. Ingersoll #1088
Mary B. Matterer # 2696 Karen L. Pascale #2903
Moiuus JAMES LLP YoUNo CoNAwAY STARGAW & 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
[email protected] [email protected]
[email protected]
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_ Case 1 :05-cv—00336-SLR Document 167-2 Filed 10/29/2007 Page 3 of 4
Charles E. Lipsey David M. Hashmall, P.C.
FINNEGAN, HENDERSON, FARABow, Amiemarie Hassett
GARRETT & DUNNER, LLP GOODWIN Pizocroiz LLP
Two Freedom Square 599 Lexington Avenue
11955 Freedom Drive New York, NY 10022
Reston, VA 20190-5675 [email protected]
(571) 203-2700 [email protected]
Susan H. Griffen Attorneys for Defendants
David P. Frazier Sicor Inc. and
FINNEGAN, HENDERSON, FARABOW, Sic0r Pharmaceuticals, Inc.
GARRETT & DUNNER, LLP
901 New York Avenue
Washington, D.C. 20001-4413
(202) 408-4000
Attorneys for Plaintmv
Astellas US LLC and
Astellas Pharma US Inc.
/s/ David E. Brand
Approved as to form:
Paul M Lukoff #96
David E. Brand #201
PRICKETT JONES & ELLIOTT, P.A.
1310 King Street
Wilmington, DE 19801
(302) 888-6520
[email protected]
[email protected]
John Scheibeler
Wi-ima & CAsE LLP
1 155 Avenue of the Americas
New York, NY 10036
(212) 819-8200
Attorneys for Plaintw
Item Development AB
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Case 1:05-cv—00336-SLR Document 167-2 Filed 10/29/2007 Page 4 cf 4
SO ORDERED thiséi-5th day of O!/jg bw , 2007.
United gms District Judge
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