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Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 1 of 4 PageID #: 25707
`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 1 of 4 PageID #: 25707
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`CA. No. 18-924—CFC
`
`)
`
`) )
`
`)
`)
`
`) )
`
`) )
`
`)
`
`GENENTECH, INC. and CITY OF HOPE
`
`v.
`
`AMGEN INC.,
`
`Plaintiffs,
`
`Defendant.
`
`STIPULATION AND [WDER OF DISMISSAL
`
`WITH RESPECT TO CERTAIN ASSERTED PATENTS AND CITY OF HOPE
`
`WHEREAS Plaintiffs Genentech, Inc. and City of Hope filed a Second Amended
`
`Complaint in this case on January 17, 2019, which asserts infringement of eighteen patents in
`
`connection with Defendant Amgen Inc. seeking FDA approval of ABP 980 as a trastuzumab
`
`biosimilar (D.I. 75);
`
`WHEREAS Amgen has answered the Second Amended Complaint and asserted
`
`counterclaims of non-infiingement, invalidity, and/or unenforceability with respect to the
`
`eighteen patents in the Second Amended Complaint (DJ. 80);
`
`WHEREAS Plaintiffs have moved to dismiss Amgen’s unenforceability counterclaims
`
`and strike Amgen’s Eleventh Affirmative Defense of unclean hands / inequitable conduct (DJ.
`
`85); and
`
`WHEREAS certain of the patents in the Second Amended Complaint have expired and,
`
`in view of this stipulation, Plaintiffs are not seeking past damages for infiingement of those
`
`expired patents with respect to ABP 980;
`
`MEI 310l4l42v.l
`
`

`

`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 2 of 4 PageID #: 25708
`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 2 of 4 PageID #: 25708
`
`NOW THEREFORE, it is hereby stipulated and agreed by the Parties, subject to the
`
`approval of the Court, that:
`
`1.
`
`All claims for infringement of US. Patent Nos. 6,331,415, 7,923,221, 6,407,213,
`
`6,417,335, 9,249,218, 6,121,428, and 6,620,918 (the “Dismissed Patents”) and (Counts I, II, III,
`
`IX, X, XIV, and XV of the Second Amended Complaint (DJ. 75)) are dismissed with prejudice,
`
`and all counterclaims for non-infringement, invalidity, and/or unenforceability of the Dismissed
`
`Patents (Counts l, 2, 3, 9, 10, 14, and 15 of Amgen’s Counterclaims (D.I. 80)) with respect to
`
`ABP 980 are dismissed with prejudice;
`
`2.
`
`Amgen withdraws its Eleventh Affirmative Defense of unclean hands /
`
`inequitable conduct as moot;
`
`3.
`
`Plaintiffs withdraw their motion to dismiss Amgen’s unenforceability
`
`counterclaims and strike Amgen’s Eleventh Affirmative Defense with respect to Counts l, 2, 3, 9,
`
`10, 14, and 15 of Amgen’s Counterclaims and Amgen’s Eleventh Affirmative Defense (D.I. 85)
`
`as moot. Plaintiffs’ motion to dismiss remains pending with respect to Amgen’s remaining
`
`unenforceability counterclaims;
`
`4.
`
`5.
`
`City of Hope is dismissed as a party to this case; and
`
`Each party shall bear its own costs, expenses, and attorneys’ fees associated with
`
`this action with respect to the Dismissed Patents.
`
`This stipulation does not affect the parties’ claims, counterclaims, or defenses with
`
`respect to the remaining patents-in—suit. This stipulation is for purposes of this case only and
`
`does not extend to litigation involving any other product between the parties. Neither party shall
`
`use this stipulation for any purpose in litigation between the parties relating to other products.
`
`MEI 3|Ol4l42v.l
`
`

`

`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 3 of 4 PageID #: 25709
`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 3 of 4 PagelD #: 25709
`
`Dated: July 23, 2019
`
`MCCARTER & ENGLISH, LLP
`
`SMITH KATZENSTEIN & JENKINS LLP
`
`/s/ Eve H. Ormerod
`
`Neal C. Belgam (#2721)
`Eve H. Ormerod (#5369)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`
`Of Counsel:
`
`Michelle Rhyu
`Susan Krumplitsch
`Daniel Knauss
`
`COOLEY LLP
`3175 Hanover Street
`
`Palo Alto, CA 94304-1130
`(650) 843-5287
`skrumplitsch@cooley.com
`mrhyu@cooley. com
`dknauss@cooley.com
`
`Orion Armon
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021-8023
`(720) 566-4119
`oarmon@cooley.com
`
`Eamonn Gardner
`
`COOLEY LLP
`
`4401 Eastgate Mall
`San Diego, CA 92121-1909
`(858) 550-6086
`egardner@cooley.com
`
`/s/ Daniel M. Silver
`
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 North King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`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
`(617) 526-6000
`William.lee@wilmerhale.com
`lisa.pirozzolo@wilmerhale.com
`emily.whelan@wilmerhale.com
`kevin.prussia@wilmerhale.com
`andrew.danford@wilmerhale.com
`
`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
`
`MEI 3l0|4142v.l
`
`

`

`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 4 of 4 PageID #: 25710
`Case 1:18-cv-00924-CFC Document 325 Filed 07/24/19 Page 4 of 4 PageID #: 25710
`
`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
`
`Lois Kwasigroch
`Nancy Gettel
`AMGEN INC.
`
`One Amgen Center Drive
`Thousand Oaks, CA 91320-1799
`(805) 447-1000
`loisk@amgen.com
`ngettel@amgen.com
`
`Attorneysfor Plaintiffs Genentech, Inc. and
`City ofHope
`
`Attorneysfor Defendant Amgen Inc.
`
`so ORDERED this 2““ day of
`
`I"
`
`\I at:
`
`, 2019.
`
`74
`
`United States District Judge
`
`MEI 3|014l42v.l
`
`

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