`GENENTECH, INC. and CITY OF HOPE,
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`Plaintiffs and Counterclaims
`Defendants,
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` v.
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`PFIZER INC.
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`C.A. No. 17-1672-GMS
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`Case 1:17-cv-01672-GMS Document 18 Filed 03/23/18 Page 1 of 3 PageID #: 1853
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
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`Defendant and Counterclaim
`Plaintiff.
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`
`
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`STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH RESPECT TO
`CERTAIN ASSERTED PATENTS
`
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`IT IS HEREBY STIPULATED AND AGREED by the Parties, subject to the approval of
`
`the Court, that all claims for infringement of U.S. Patent Nos. 6,417,335, 6,489,447, 6,586,206,
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`6,620,918, 6,716,602, 7,390,660, 7,449,184, 7,501,122, 8,044,017, 8,460,895, 8,512,983,
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`8,633,302, 8,691,232, 8,710,196, 8,771,988, 8,822,655, 9,428,766, 9,487,809, 9,493,744, and
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`9,714,293 (collectively, “the Dismissed Patents”) against Pfizer, Inc. (“Pfizer”) are DISMISSED
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`WITH PREJUDICE and all counterclaims for judgment of non-infringement and invalidity of the
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`Patents are DISMISSED WITHOUT PREJUDICE.
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`This dismissal is made without prejudice to Genentech Inc. and City of Hope’s
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`(collectively, “Plaintiffs”) ability to assert a Dismissed Patent if (1) Pfizer makes a change to its
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`drug product, PF-05280014 (the subject of Pfizer’s BLA No. 761081), the proposed label for its
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`drug product, or the manufacturing processes disclosed in Pfizer’s BLA No. 761081, and that
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`change materially alters the infringement analysis with respect to any claim of that Dismissed
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`RLF1 19047709v.1
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`Case 1:17-cv-01672-GMS Document 18 Filed 03/23/18 Page 2 of 3 PageID #: 1854
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`Patent; or (2) Plaintiffs subsequently discover information not previously provided which
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`establishes that the information provided by Pfizer pursuant to 42 U.S.C. §§ 262(l)(2) or factual
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`representation made by Pfizer in the statement provided according to 262(l)(3)(B) was inaccurate
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`or incomplete when provided, and the newly-discovered information materially alters the
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`infringement analysis with respect to any claim of that Dismissed Patent. In the event that
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`Plaintiffs reassert a Dismissed Patent under either of those circumstances, the parties reserve their
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`rights with respect to the application of the limitation on remedies provided in 35 U.S.C.
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`§ 271(e)(6)(B) with respect to that Dismissed Patent. Each Party is to bear its own costs, expenses,
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`and attorneys’ fees associated with this action with respect to the Dismissed Patents.
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`/s/ Jason J. Rawnsley
`Frederick L. Cottrell, III (#2555)
`Jason J. Rawnsley (#5379)
`RICHARDS, LAYTON & FINGER, P.A.
`One Rodney Square
`920 North King Street
`P.O. Box 551
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`rawnsley@rlf.com
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`OF COUNSEL:
`William F. Lee
`Lisa J. Pirozzolo
`Emily R. Whelan
`Kevin S. Prussia
`Andrew J. Danford
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`(627) 526-6000
`
`
`
`
`/s/ Dominick T. Gattuso
`Dominick T. Gattuso (#3630)
`HEYMAN ENERIO GATTUSO & HIRZEL LLP
`300 Delaware Ave. Suite 200
`Wilmington, DE 19801
`(308) 472-7300
`dgattuso@hegh.law
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`OF COUNSEL:
`Thomas J. Meloro
`Michael W. Johnson
`Diana Santos
`Dan Constantinescu
`WILLKIE FARR & GALLAGHER LLP
`787 Seventh Avenue
`New York, NY 10019
`(212) 728-8000
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`Attorneys for Defendant Pfizer Inc.
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`RLF1 19047709v.1
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`- 2 -
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`Case 1:17-cv-01672-GMS Document 18 Filed 03/23/18 Page 3 of 3 PageID #: 1855
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`william.lee@wilmerhale.com
`lisa.pirozzolo@wilmerhale.com
`emily.whelan@wilmerhale.com
`kevin.prussia@wilmerhale.com
`andrew.danford@wilmerhale.com
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`Robert J. Gunther Jr.
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 230-8800
`robert.gunther@wilmerhale.com
`
`Robert Galvin
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`(650) 858-6000
`robert.galvin@wilmerhale.com
`
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff St.
`San Francisco, CA 94111
`(415) 362-6666
`ddurie@durietangri.com
`abrausa@durietangri.com
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`Attorneys for Plaintiffs Genentech, Inc.
`and City of Hope
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`Dated: March 23, 2018
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`SO ORDERED this ______ day of ______________, 2018.
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`
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`United States District Judge
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`RLF1 19047709v.1
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`- 3 -
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