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Francis E}iGiovanni __ __ _ __ _
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August l9, 2005
VIA EC]? and HAND DELIVERY
The Honorable Sue L. Robinson
United States District Court
District of Delaware
J . Caleb Boggs Federal Building
844 N. King Street
Wilmington, Delaware l980l
Re; Ferrirzg BV v. Teva, Civ. Action No. 04—884-SLR
Dear Chief Judge Robinson:
On behalf of both parties, l submit this letter to inform you that the parties have reached
an agreement which leaves the current Stay of Proceedings intact until the resolution of the
Federal Circuit appeal, as ordered by the Court on April 27, 2005, but allows the FDA to
terminate the 30-month stay of approval of Teva’s ANDA product that is the subject of the
aboveazaptioned matter. This agreement allows Teva to enter the market with its approved
ANDA product before the expiration of the 30-rnonth stay (December 2006) currently in place at
the FDA. A Stipulation and Order setting forth the details of the parties’ agreement and a
proposed Order are tiled conternporaneously herewith.
Because the Order will be submitted to the FDA, we further request that the Court sign a
paper copy ot` the Order and cause it to be delivered to the offices ofthe undersigned.
lf the Court seeks to discuss this matter with the parties, counsel for both parties are
available for a conference at the Court’s convenience.
Respectfully submitted,
/s/ Francis DiGiovanni
Francis DiGiovanni
cc: 3'osy W. Ingersoll, Esq. (via ECP and hand delivery)
Dennis l. Mondolino, Esq. (via e—mail)
John L. North, Esq. (via e-mail)
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