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

Case 1:04-cv—OO940-JJF Document 119-2 Filed O3/13/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THIS. DISTRICT OF DELAWARE

THE PROCTER & GAMBLE COMPANY, )
Plaintifil l
v. l Civil Action No. 04-940-.IJF
TEVA PI·lARl\/IACEUTICALS USA, INC., )
Defendant i

|`I’R()i’OSE})| ORDER OF FINAL JUDGMENT
This action having come to trial in November 2006 before this Court, Honorable Joseph
.l. Farnan, Jr., District Judge, presiding, on all remaining issues not previously stipulated to by
the parties pursuant to the Stipuiation and Order (DI 63) entered by the Court on February 2,
2006 and the Stipulation and Order (DI 86) entered by the Court on Novernber 8, 2006;
AND these issues having been tried and the Court having issued its Opinion on February
28, 2008;
NOW TI—IIERI"£FOR.i`;1, IT IS ORDERED AND ADIUDOED for the reasons set forth in
the Court’s Opinion dated February .28, 2008, that Final Judgment is entered in favor of the
Plaintiff, The Procter & Gamble Company ("P&G"), and against the Defendant, Teva
Pharmaceuticals USA, Inc. (“Teva"), on P&G’s claims that Teva has inlringed Claims 4, I6, and
23 ol"U.S. Patent No 5,583,I22 (“the ’I22 patent");
AND IT IS FURTHER ORDERED AND ADJUDGIED that claims 4, E6, and 23 of the
‘I22 patent are valid and enforceabteg
AND IT IS FURTI·IER ORDIEED that, pursuant to 35 U SC. § 27I(e)(4)(A), the
effective date of any approvai of Teva’s Abbreviatecl New Drug Application No, 77-} 32 shall be
arti-szazvzri

Case 1 :04-cv—OO940-JJF Document 119-2 Filed O3/13/2008 Page 2 of 2
mcditied t0 a date which is 1101 ea1*1ie1* than tl1e date 01* expiraticn 01* the ‘l.?,2 patent, ittcitzding
any extensicns and regulatcry exchtsivities that are grantect and 1101 successfully chailengedg
AND 1T IS FURTHER ORDERED that, pu1*‘suant 10 35 USC, § 271(e)(4)(B), Teva and
its st1ccess01*s-i11~interest, O1*EC€E'S, agents, servants, empicyees and atterneys, and these perscns
in active c011ce1*t 01* participation with any 01* them wl10 receive actual 1101ice 0*1 this Order by
pe1*s011al service 01* O[1`1€1’W1SC, are hereby €l'l_j01I"l€Ci {1*0111 c0111n*1e1*cia1ly 11*1aE sell 01* selling witl1in the United States, cr impezting 11110 the United States any prcducts that
in1i*inge the ‘l22 patent, including the 5 mg 01* 35 mg risedrcnate s0diun1 tablets 1*01* treatment 01*
p1"eve11ti011 01* cstecpcrcsis, 01* the 30 mg 1*ised1*0nate scclium tablets 1*01* t1*eatn1ent 01* Pagefs
disease 01* b0ne that are the subject 01`Abb1*eviated New Drug Appiicaticn N0, 77-132, until the
Inter 01* the expiration 0*1* the ‘l22 patent (Decetnber EO, 2013) Ol' tl1e expi1*ati011 01 any patent
term extensicns ()1“El1}y 1*egula10r*y exclnsivities that are granted and net sttccessfttily challenged.
DATED THIS ____ DAY OF , 2008,
United States District Judge
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RL Ei 1 -2262121~ 1