`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`BAXTER HEALTHCARE CORPORATION, BAXTER
`INTERNATIONAL INC., and BAXTER HEALTHCARE
`S.A.,
`
`
`Plaintiffs,
`
`
`
`v.
`
`C.A. No. 1:15-cv-01684-JBS-JS
`
`SAGENT PHARMACEUTICALS INC.,
`
`
`Defendants.
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`
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`STIPULATED CONSENT ORDER
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`WHEREAS, Baxter Healthcare Corporation, Baxter International Inc., and Baxter
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`Healthcare S.A. (collectively, “Baxter”) and Sagent Pharmaceuticals Inc. (“Sagent”) have
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`entered into a Settlement and License Agreement, dated as of April 28, 2016 (“Settlement and
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`License Agreement”), pursuant to which the parties have resolved and have agreed to dismiss the
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`above referenced action, subject to the terms and conditions of the Settlement and License
`
`Agreement.
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`IT IS HEREBY STIPULATED by Baxter and Sagent, subject to approval by the Court:
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`1.
`
`Pursuant to Rules 41(a)(1) and 41(c) of the Federal Rules of Civil Procedure, the
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`parties hereby stipulate and agree that the above referenced action, including all claims,
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`counterclaims and affirmative defenses asserted by Baxter and Sagent, are dismissed without
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`prejudice.
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`2.
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`Each party shall bear its own costs, attorneys’ fees and expenses incurred in
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`connection with the claims, counterclaims and defenses dismissed by this Order.
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`
`
`
`
`
`
`
`
`
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`Case 1:15-cv-01684-JBS-JS Document 83 Filed 04/29/16 Page 2 of 2 PageID: 1490
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`3.
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`The parties submit to, and the Court does hereby retain, exclusive and continuing
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`jurisdiction over the parties and the subject matter of this action for the purpose of enforcing this
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`dismissal and of the Settlement and License Agreement between the parties dated as of April 28,
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`2016, or any disputes arising related thereto.
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`IT IS SO STIPULATED.
`
`Dated: April 29, 2016
`
`/s/ Melissa E. Flax
`Melissa E. Flax
`Michael Cross
`CARELLA, BYRNE, CECCHI, OLSTEIN,
`BRODY & AGNELLO, P.C.
`5 Becker Farm Road
`Roseland, NJ 07068
`(973) 994-1700
`mflax@carellabyrne.com
`mcross@carellabyrne.com
`
`
`
`Richard Juang
`Ronald M. Daignault
`POLSINELLI PC
`900 Third Avenue, 21st Floor
`New York, NY 10022
`
`Attorneys for Defendant
`Sagent Pharmaceuticals Inc.
`
`IT IS SO ORDERED.
`
`/s/ Robert D. Rhoad
`Robert D. Rhoad
`Brian M. Goldberg
`DECHERT LLP
`902 Carnegie Center, Suite 500
`Princeton, NJ 08540-6531
`(609) 955-3200
`robert.rhoad@dechert.com
`brian.goldberg@dechert.com
`
`Of Counsel
`Kevin M. Flannery
`Vincent A. Gallo
`Teri-Lynn A. Evans
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104
`(215) 994-4000
`
`Attorneys for Plaintiffs Baxter Healthcare
`Corporation, Baxter International Inc., and
`Baxter Healthcare S.A.
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`Dated: April 29, 2016_
`
`
`
`By:_ s/ Jerome B. Simandle
`
`
`
`THE HONORABLE JEROME B. SIMANDLE
`United States District Judge
`District Of New Jersey