Free Order - District Court of Delaware - Delaware

Case 1 :08-cv-00191-JJF Document 10 Filed 05/23/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE PROCTER & GAMB LE COMPANY, )
Plaintiff, g
v' g Civ. Action No. 08-191-JJF
TEVA PHARMACEUTICALS USA, INC., )
Defendant. g
)
j ORDER OF FINAL JUDGMENT
This parties having jointly moved the Court to enter final judgment as set forth in their
Revised Joint Motion for Entry of Judgment filed May 22, 2008;
NOW THEREFORE, IT IS ORDERED AND ADJUDGED for the reasons set forth in I
this Court’s Opinion dated February 28, 2008, in Civil Action No. 04-CV-940 (J JF), that Final
Judgment is entered in favor of the Plaintiff, The Procter & Gamble Company ("Procter &
Gamb1e"), and against the Defendant, Teva Pharmaceuticals USA, Inc. ("Teva USA"), on
Procter & Gamble’s claims that Teva USA has infringed Claims 4, 16 and 23 of U.S. Patent
5,583,122 (“the ’l22 patent"); .
AND IT IS FURTHER ORDERED AND ADJUDGED that Claims 4, 16, and 23 of the
’l22 patent are valid and enforceable;
AND IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(A), the
effective date for any approval of Teva U SA’s Abbreviated New Drug Application No. 90-234
shall be modified to a date which is not earlier than the date of expiration of the ’ 122 patent,
including any extension of the term of that patent; I
DB02;6s2s522.1 1 0589561021 -

Case 1 :08-cv-00191-JJF Document 10 Filed 05/23/2008 Page 2 of g g g M
AND IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 27l(e)(4)(B), Teva
USA, its successors-in-interest, officers, agents, servants, attorneys 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 commercially making, using,
offering to sell, or selling within the United States or importing into the United States any
products that infringe the ’l22 patent, including the 35 mg risedronate sodium tablets with
calcium carbonate tablets for treatment or prevention of osteoporosis that are the subject of
Abbreviated New Drug Application No. 90—234, until the expiration of the ’ 1 22 patent
(December 13, 2013), including any extension of the term of that patent.
DATED this day of May, 2008.
().,o·r—-rk
ited St es strict Judge
DB02:6828633.l 2 0589561021

Case 1:08-cv-00191-JJF

Document 10

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Case 1:08-cv-00191-JJF

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