`
`' •
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SANOFT-A VENTIS U.S. LLC, SANOFI- )
`AVENTIS DEUTSCHLAND GMBH,
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
`Plaintiffs,
`
`v.
`
`C.A. No. 14-113-RGA-MPT
`
`CONSENT JUDGMENT AND ORDER OF INJUNCTION
`
`Plaintiffs Sanofi-Aventis U.S. LLC and Sanofi-Aventis Deutschland GmbH (collectively
`
`"Sanofi") and Defendant Eli Lilly and Company ("Eli Lilly"), having agreed to terms and
`
`conditions representing a negotiated settlement of this action, having set forth those terms and
`
`conditions in a confidential Settlement Agreement, and having stipulated and consented to entry
`
`of this Consent Judgment and Order of Injunction, it is hereby agreed, subject to the approval
`
`and order of the Court, as follows:
`
`I. By viliue of the license granted by Sanofi to Eli Lilly as paii of the Settlement Agreement,
`judgment is hereby entered that the accused product c;.e., the subject of New Drug
`
`Application No. 205-692) does not infringe the asserted patents (i.e., U.S. Patent Nos.
`
`8,556,864 (the '864 Patent); 8,603,044 (the '044 Patent); 7,476,652 (the '652 Patent);
`
`7,713,930 (the '930 Patent); and 8,679,069 (the '069 Patent)).
`
`2. This Consent Judgment constitutes a "consent decree" pursuant
`
`to 21 U.S.C. §
`
`355(c)(3)(C)(i)(II), such that Final Approval of Eli Lilly's NDA No. 205-692 under 21
`
`24
`
`
`
`Case 1:14-cv-00113-RGA-MPT Document 279 Filed 09/28/15 Page 2 of 4 PageID #: 9704
`
`U.S.C. § 355(b)(2) may be granted on the date that this Consent Judgment is entered by the
`
`Court.
`
`3. Pursuant to the terms of the Settlement Agreement, all other claims and counterclaims are
`
`dismissed with prejudice.
`
`4. This Court retains jurisdiction over disputes arising out of the implementation of the
`
`Settlement Agreement.
`
`5. Eli Lilly and its affiliates are hereby enjoined from directly or indirectly passing title or
`
`delivering to customers in the United States the accused product (i.e., the subject of New
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`Drug Application No. 205-692) prior to December 15, 2016.
`
`6. The injunction described in the foregoing paragraph shall take effect immediately upon entry
`
`of this Order by the Court.
`
`7. During the term of the injunction, the Court retains jurisdiction over this action, including
`
`implementation of, or disputes arising out of, this Order of Injunction.
`
`8. Sanofi and Eli Lilly shall each bear their own costs and attorney fees.
`
`9. Sanofi and Eli Lilly each expressly waive any right to appeal or otherwise move for relief
`
`from this Consent Judgment and Order of Injunction.
`
`25
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`
`
`Case 1:14-cv-00113-RGA-MPT Document 279 Filed 09/28/15 Page 3 of 4 PageID #: 9705
`
`ASHBY & GEDDES
`
`FARNANLLP
`
`Isl
`
`Isl
`
`Steven J. Balick (#2114)
`Tiffany Geyer Lydon (#3950)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 81
`h Floor
`Wilmington, DE 19801
`(302) 654-188
`sbalick@ashby-geddes.com
`tlydon@ashby-geddes.com
`arnayo@ashby-geddes.com
`
`Mark A. Perry
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036
`(202) 887-3667
`
`Frederick Brown
`GIBSON, DUNN & CRUTCHER LLP
`555 Mission Street, Suite 3000
`San Francisco, CA 94105-0921
`(415) 393-8200
`
`Y. Ernest Hsin
`GIBSON, DUNN & CRUTCHER LLP
`1530 Page Mill Road
`Palo Alto, CA 94304
`(650) 849-5322
`
`Joseph Evall
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue
`New York, NY 10166
`(212) 351-4000
`
`Tracey B. Davies
`GIBSON, DUNN & CRUTCHER LLP
`2100 McKinney Avenue, Suite 1100
`Dallas, TX 75201
`(214) 698-3100
`
`Attorneysfor Plaintiffs
`
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`919 North Market Street, l21
`h Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw .corn
`rnfarnan@farnanlaw .corn
`
`Bruce M. Wexler
`Joseph M. O'Malley, Jr.
`David M. Conca
`Young J. Park
`Nicholas A. Tyrnoczko
`PAUL HASTINGS LLP
`75 East 55th Street
`New York, NY 10022
`
`Attorneys for Defendant
`
`26
`
`
`
`Case 1:14-cv-00113-RGA-MPT Document 279 Filed 09/28/15 Page 4 of 4 PageID #: 9706
`
`IT IS SO ORDERED, DECREED, AND ADJUDGED this 2[ day of~, 2015 by:
`I~
`
`27
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