`Case 1:15-cv-00404-GMS Document 38 Filed 07/29/16 Page 1 of 2 PagelD #: 449
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`IN RE BENDAMUSTINE CONSOLIDATED
`CASES II
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`~~~~~~~~~~~-)
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`CEPHALON, INC.,
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`Plaintiff,
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`v.
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`C.A. No. 15-404-GMS
`(Lead Case)
`
`C.A. No. 15-404-GMS
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`APOTEX INC. and APOTEX CORP.,
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`Defendants.
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`STIPULATION AND ORDER OF DISMISSAL BETWEEN PLAINTIFF
`CEPHALON, INC. AND APOTEX INC. & APOTEX CORP.
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`Cephalon, Inc. ("Plaintiff') and defendants Apotex Inc. and Apotex Corp ("Defendants")
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`have agreed to terms and conditions representing a negotiated settlement of this action and have
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`set forth those terms and conditions in a Settlement and License Agreement, dated July 27, 2016
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`(the "Settlement and License Agreement"). Plaintiff and Defendants are referred to herein
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`collectively as the "Parties" and each individually as a "Party." Now the Parties, having consented
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`and stipulated to the entry of this Stipulation and Order of Dismissal, as follows:
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`IT IS HEREBY ORDERED AND DECREED that:
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`1.
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`Pursuant to the Settlement and License Agreement, Defendants have stipulated to
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`the entry of a preliminary injunction in the event of a material breach or threatened material breach
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`by Defendants of certain terms of the Settlement and License;
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`2.
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`In view of, and subject to the provisions of the Settlement and License Agreement,
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`and by agreement of the Pruiies, this action is hereby dismissed with respect solely to Defendants,
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`
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`Case 1:15-cv-00404-GMS Document 39 Filed 08/01/16 Page 2 of 2 PageID #: 452
`Case 1:15-cv-00404-GMS Document 38 Filed 07/29/16 Page 2 of 2 PagelD #: 450
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`without prejudice, with each Party bearing its own costs, attorneys' fees, and expenses incurred in
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`connection with this action; and
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`3.
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`This Court retains jurisdiction to enforce or supervise performance under this
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`Stipulation and Order of Dismissal and the Settlement and License Agreement.
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`Isl Karen E. Keller
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`SHAW KELLER LLP
`300 Delaware Ave., Suite 1120
`Wilmington, DE 19801
`(302) 298-0700
`j shaw@shawkeller.com
`kkeller@shawkeller.com
`Attorneys for Plaintiff Cephalon, Inc.
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`OF COUNSEL:
`David M. Hashmall
`Calvin E. Wingfield Jr.
`Joshua A. Whitehill
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth A venue
`New York, NY 10018
`(212) 813-8800
`
`Paul F. Ware
`Daryl L. Wiesen
`Emily L. Rapalino
`Nicholas K. Mitrokostas
`GOODWIN PROCTER LLP
`Exchange Place
`53 State Street
`Boston, MA 02109
`(617) 570-1000
`
`Dated: July 29, 2016
`
`IT IS SO ORDERED, AND DECREE
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`Isl Damien Nicholas Tancredi
`William J. Burnett (No. 4078)
`Damien Nicholas Tancredi (No. 5395)
`PLASTER/GREENBERG P .C.
`913 N. Market Street, Suite 1002
`Wilmington, DE 19801
`(302) 351-1910
`william. burnett@flastergreenberg.com
`damien.tancredi@flastergreenberg.com
`Attorneys for Defendants Apotex Inc. and
`Apotex Corp.
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`OF COUNSEL:
`Steven E. Feldman
`Sherry L. Rollo
`HAHN LOESER & PARKS LLP
`125 South Wacker Dr., Suite 2900
`Chicago, IL 60606
`(312) 63 7-3020
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`2
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