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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-1221 (LPS)
`CONSOLIDATED
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`BAYER HEALTHCARE LLC and BAYER
`HEALTHCARE PHARMACEUTICALS
`INC.,
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`TEVA PHARMACEUTICALS USA, INC.,
`et al.,
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`v.
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`Plaintiffs,
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`Defendants.
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`STIPULATION OF DISMISSAL
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`Pursuant to Rules 41(a)(1) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs
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`Bayer HealthCare LLC and Bayer HealthCare Pharmaceuticals Inc. (collectively, “Bayer”) and
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`Teva Pharmaceuticals USA, Inc. (“Teva”), through their respective counsel, hereby stipulate and
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`agree that their respective claims and counterclaims with respect to U.S. Patent 8,680,124
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`(Complaint Counts V and VI and Counterclaim Counts V and VI), are hereby dismissed with
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`prejudice. The parties shall bear their own costs, expenses, and attorneys’ fees with respect to
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`these claims and counterclaims. The remainder of the action is not dismissed; the matter shall
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`proceed with respect to all claims and counterclaims other than Complaint Counts V and VI and
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`Counterclaim Counts V and VI. This stipulation does not affect any other action or claim
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`brought against any other party, and does not preclude the parties from advancing any claims or
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`counterclaims/defenses concerning U.S. Patent 8,680,124 in a litigation involving any product
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`other than a product of ANDA No. 209728.
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`Case 1:16-cv-01221-LPS Document 95 Filed 09/10/18 Page 2 of 2 PageID #: 790
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`SHAW KELLER LLP
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`/s/ Karen E. Keller
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`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`David M. Fry (#5486)
`1105 North Market Street
`12th Floor
`Wilmington, DE 19801
`(302) 298-0701
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`dfry@shawkeller.com
` Attorneys for Defendant
` Teva Pharmaceuticals USA, Inc.
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`SO ORDERED this _____ day of September, 2018.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Anthony D. Raucci
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`Jack B. Blumenfeld (#1014)
`Derek J. Fahnestock (#4705)
`Anthony D. Raucci (#5948)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`dfahnestock@mnat.com
`araucci@mnat.com
` Attorneys for Plaintiffs
` Bayer Healthcare LLC and
` Bayer Healthcare Pharmaceuticals Inc.
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`September 10, 2018
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`____________________________________
`Chief Judge Leonard P. Stark
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`2
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