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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`HOSPIRA, INC.,
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`AMNEAL PHARMACEUTICALS LLC,
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`v.
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`Plaintiff,
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`Defendant.
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`C.A. No. 15-697-RGA
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`[PROPOSED] ORDER REGARDING DISSOLUTION OF FEBRUARY 6, 2018
`INJUNCTION AGAINST AMNEAL
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`Upon consideration of the stipulation between Hospira, Inc. and Amneal Pharmaceuticals
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`LLC regarding this Court’s injunction of February 6, 2018 (D.I. 121 at 2, the “Injunction”);
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`In recognition of the fact that the United States Court of Appeals for the Federal Circuit on
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`January 9, 2020, held invalid claim 6 of U.S. Patent No. 8,648,106 (“the ’106 patent”) in Hospira
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`Inc. v. Fresenius Kabi USA, LLC, Fed. Cir. 2019-1329, 2019-1367;
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`In recognition that issuance by the Federal Circuit of a mandate on that decision would be
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`a final judgment of such invalidity of claim 6 of the ’106 patent;
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`In recognition of the fact that this Court’s February 6, 2018, judgment and injunction
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`against Amneal was based solely on infringement of claim 6 of the ’106 patent”; and
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`In recognition that the Court’s February 6, 2018 Injunction stated:
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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.
`Food and Drug Administration ("FDA") of Amneal' s ANDA No. 207551 shall be not
`earlier 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
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`1
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`Case 1:15-cv-00697-RGA Document 133-2 Filed 02/04/20 Page 2 of 2 PageID #: 2956
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`importation into the United States, of the products that are the subject of ANDA No.
`207551.
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`(D.I. 121 at 2.); it is hereby
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` ORDERED that this Court’s Injunction with respect to Amneal’s Abbreviated New Drug
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`Application ("ANDA") No. 207551 shall be dissolved upon entry of a mandate arising from the
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`Federal Circuit’s affirmance of invalidity of claim 6 of the ‘106 patent; and
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`ORDERED that Amneal may provide this Order and Stipulation to the Food and Drug
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`Administration in connection with seeking Final Approval.
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`SO ORDERED this ____ day of February, 2020.
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`__________________________________
`United States District Judge
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