Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :04-cv—00884—SLR Document 61 -2 Filed 06/19/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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FERRING B.V. :
Plaintiff,
v. Civil Action No. O4-0884-SLR
TEVA PHARMACEUTICALS USA, INC. and
TEVA PHARMACEUTICAL INDUSTRIES :
LIMITED :
Defendants.
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[PROPOSED] ORDER DISMISSING COMPLAINT
AND AWARDING ATTORNEY FEES AND COSTS
WHEREFORE, the United States Court of Appeals for the Federal Circuit has affirmed
the decision of the United States District Court for the Southem District of New York in the
matter of Ferring B. V & Aventis Pharmczceuticczls, [nc. v. Barr Lczboratories, [nc., Civil Action
No. O2 Civ. 9851 (CLB) (S.D.N.Y.) finding that United States Patent No. 5,047,398 is
unenforceable for inequitable conduct;
WHEREFORE, the United States Court of Appeals for the Federal Circuit has denied
Fening B.V. petition for rehearing of that decision;
WHEREFORE, Ferring B.V. represented to this Court that it would withdraw its
complaint in this matter should the Federal Circuit aftinn the Southern District of New Yorks
decision of unenforceability;
WHEREFORE, Ferring B.V. filed its complaint in this action with knowledge of the facts
upon which the Southern District of New York’s decision was based,
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Case 1:04-cv-00884-SLR Document 61-2 Filed 06/19/2006 Page 2 of 2
IT IS SO ORDERED THAT Fencing B.V.’s complaint in this matter is dismissed with
prejudice.
IT IS FURTHER ORDERED THAT this case is exceptional within the meaning of 35
U.S.C. § 285 and Ferring shall pay the Teva defendants $347,982.07 to reimburse the Teva
defendants for their attorney’s fees in this matter and $2l,l I2.78 to reimburse the Teva
defendants for their non-taxable costs, both together with pre- and post-judgment interest. Such
payment shall be made within thirty (30) days of this Order by check or wire transfer to a
location to be specified by the Teva defendants.
DATED:
The Honorable Sue L. Robinson
United States Chief District I udge
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