`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOSPIRA, INC.
`
`Civil Action No. 1: 15-cv-00697-RGA
`
`Plaintiff,
`
`v.
`
`AMNEAL PHARMACEUTICALS LLC,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`Defendant.
`~~~~~~~~~~~~~~~~-)
`
`~JUDGMENT
`
`This action came before the Court upon the Complaint of Plaintiff Hospira, Inc.
`
`("Hospira") against Defendant Amneal Pharmaceuticals LLC
`
`("Amneal")
`
`for alleged
`
`infringement of U.S. Patent Nos. 8,242,158 ("the '158 patent"); 8,338,470 ("the '470 patent");
`
`8,455,527 ("the '527 patent"); and 8,648, 106 ("the '106 patent"), related to Amneal's submission
`
`of Abbreviated New Drug Application ("ANDA") No. 207551 seeking approval to market
`
`dexmedetomidine hydrochloride products prior to the expiry of the patents-in-suit.
`
`The Court held a bench trial from August 21 - 24, 2017. Following trial, the parties
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`submitted post-trial briefing. D.I. 100, 101, 105, 106, 108, and 109. On January 22, 2018, the
`
`Court issued a post-trial memorandum opinion. D.I. 119.
`
`In accordance with the Court's memorandum opinion, IT IS ORDERED AND
`
`ADJUDGED:
`
`That judgment be and is hereby entered in favor of Amneal that claims 3 and 4 of the
`
`'158 patent, claim 4 of the '470 patent, and claim 5 of the '527 patent are invalid;
`
`
`
`Case 1:15-cv-00697-RGA Document 121 Filed 02/06/18 Page 2 of 3 PageID #: 2911
`
`That judgment be and is hereby entered in favor of Hospira that Amneal would infringe
`
`claims 3 and 4 of the '158 patent, claim 4 of the '470 patent, and claim 5 of the'527 patent, if
`
`those claims were not invalid;
`
`That judgment be and is hereby entered in favor of Hospira that Amneal has failed to
`
`prove by clear and convincing evidence that claim 6 of the '106 patent is invalid;
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`That judgment be and is hereby entered in favor of Hospira that Amneal infringes claim 6
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`of the '106 patent;
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`That, pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any approval by the U.S.
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`Food and Drug Administration ("FDA") of Amneal' s ANDA No. 207551 shall be not earlier
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`than the expiration of the '106 patent on July 4, 2032, as extended by pediatric exclusivity; and
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`That, pursuant to 35 U.S.C. §§ 271(e)(4)(B), Amneal and each of its officers, agents, or
`
`other entities in active concert with Amneal are permanently enjoined until the expiration of the
`
`'106 patent, as extended by pediatric exclusivity, on July 4, 2032, from engaging in the
`
`commercial manufacture, use, offer to sell, or sale within the United States, or importation into
`
`the United States, of the products that are the subject of ANDA No. 207551.
`
`CONNOLLY GALLAGHER LLP
`
`RICHARDS, LAYTON & FINGER, P.A.
`
`Isl Arthur G. Connolly. III
`Arthur G. Connolly, III (#2667)
`Ryan P. Newell (#4744)
`The Brandywine Building
`1000 West Street
`Wilmington, DE 19801
`(302) 757-7300
`aconnolly@connollygallagher.com
`mewell@connollygallagher.com
`
`Attorneys for Plaintiff Hospira, Inc.
`
`Isl Christine D. Haynes
`Kelly E. Farnan (#4395)
`Christine D. Haynes (#4697)
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`haynes@rlf.com
`
`Attorneys for Defendant-Counterclaim
`Plaintiff Amneal Pharmaceuticals LLC
`
`
`
`' ~-
`
`Case 1:15-cv-00697-RGA Document 121 Filed 02/06/18 Page 3 of 3 PageID #: 2912
`
`OF COUNSEL:
`
`OF COUNSEL:
`
`Bradford P. Lyerla
`Sara T. Horton
`YusufEsat
`JENNER & BLOCK LLP
`353 N. Clark Street Chicago, IL 60654-3456
`Telephone: 312 222-9350
`Facsimile: 312 527-0484
`blyerla@jenner.com
`shorton@jenner.com
`yesat@jenner.com
`
`Steven A. Maddox
`Jeremy J. Edwards
`Matthew C. Ruedy
`Kaveh Saba
`Maddox Edwards PLLC
`1900 K StreetN.W., Suite 725
`Washington, D.C. 20006
`(202) 830-0707
`smaddox@meiplaw.com
`jedwards@meiplaw.com
`mruedy@meiplaw.com
`ksaba@meiplaw.com
`
`DATED: February 5, 2018
`
`THE HONORAB E RICHARD G. ANDREWS
`UNITED STATES DISTRICT JUDGE
`
`
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