Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:04-cv-00940-JJF

Document 124

Filed 05/22/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THE PROCTER & GAMBLE COMPANY, Plaintiff, v. TEVA PHARMACEUTICALS USA, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 04-CV-940-JJF

JOINT REQUEST FOR ENTRY OF JUDGMENT AND STIPULATION Plaintiff The Procter & Gamble Company ("Procter & Gamble") and Defendant Teva Pharmaceuticals USA, Inc. ("Teva USA") request entry of judgment in this case based on the opinion dated February 28, 2008. In support of this request, Procter & Gamble and Teva USA state as follows: 1. 2. On November 6-8, 2006, this Court held a trial on the merits in this action. Before trial, Teva USA stipulated for purposes of that litigation that the

commercial marketing of its products at issue would infringe claims 4, 16, and 23 of U.S. Patent No. 5,583,122 (the "'122 Patent") if those claims were valid. As a result, the sole issue litigated during that trial was the validity of those claims. 3. In its February 28, 2008 opinion, the Court held that claims 4, 16 and 23 of the

`122 Patent are valid. 4. On March 13, 2008, Procter & Gamble submitted a Request for Entry of Proposed

Order of Final Judgment. On March 20, 2008, Teva USA filed a Response to Procter & Gamble's Request. On March 27, 2008, Procter & Gamble filed a Reply. 5. Exhibit A. The parties have now agreed on a form of judgment, which is attached hereto as

DB02:6828635.1

058956.1021

Case 1:04-cv-00940-JJF

Document 124

Filed 05/22/2008

Page 2 of 3

Case 1:04-cv-00940-JJF

Document 124

Filed 05/22/2008

Page 3 of 3