Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-00940-JJF Document 121 -2 Filed O3/20/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE PROCTER & GAMBLE COMPANY, )
Plaintiff, g
V` g C.A. No. 04-940-HF
TEVA PHARMACEUTICALS USA, INC., )
Defendant. g
· 5 H _) 5 5
FINAIJ JUDGMENT ORDER
At Wilmington this day of , 2008, for the reasons set forth in this
Court’s Opinion of February 28, 2008;
IT IS HEREBY ORDERED that:
1. Claims 4, 16, and 23 of U.S. Patent No. 5,583,122 ("the ’122 patent") are not
invalid;
2. Pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any Food and Drug
Administration approval of defendant’s Abbreviated New Drug Application No. 77-132 with
respect to tablets containing 5 mg or 35 mg risedronate soditun for treatment or prevention of
osteoporosis, or 30 mg risedronate soditun for treatment of Paget’s disease of bone, will be a date p
not earlier than December 10, 2013, the expiration date of the ’ 122 patent;
3. Pursuant to 35 U.S.C. § 271(e)(4)(B), defendant, its officers, agents, attomeys and
employees, and those persons in active concert or participation with any of them who receive
actual notice of this Order by personal service or otherwise, are hereby enjoined from engaging
in the commercial use, offer to sell, or sale within the United States or importation into the
United States of risedronate sodium or tablets containing 5, 30, or 35 mg of risedronate sodium
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Case 1:O4—cv—OO940-JJF Document 121-2 Filed O3/20/2008 Page 2 of 2
for treatment or prevention of osteoporosis, respectively, before December 10, 2013, the
expiration date ofthe ’122 patent;
4. Judgment is entered in favor of plaintiff and against defendant on plaintiff s
claims of infringement of claims 4, 16, and 23 of the ’122 patent and on defendant’s defenses to
those claims.
· UNITED STATES DISTRICT IUDGE
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