`
`Paul H. Kochanski
`LERNER, DAVID, LITTENBERG
` KRUMHOLZ & MENTLIK, LLP
`600 South Avenue West
`Westfield, NJ 07090
`Tel:
`908.654.5000
`Fax: 908.654.7866
`
`Attorneys for Defendant/Counterclaim Plaintiff Amneal Pharmaceuticals, LLC
`
`
`
`
`
`
`Document Filed Electronically
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`Civil Action No. 13-391-ES-SCM
`
`District Judge Esther Salas
`Magistrate Judge Steven C. Mannion
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`x
`
`JAZZ PHARMACEUTICALS, INC.,
`
`
`Plaintiff/Counterclaim Defendant,
`
`
`v.
`
`AMNEAL PHARMACEUTICALS, LLC,
`
`
`Defendant/Counterclaim Plaintiff.
`
`
`NOTICE OF VOLUNTARY DISMISSAL OF COUNTERCLAIMS
`PERTAINING TO U.S. PATENT NOS. 7,668,730; 7,765,106; AND 7,765,107
`(CONTAINED IN COUNTS I, II) PURSUANT TO FED. R. CIV. P. 41(a), (c)
`Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(c), Defendant Amneal Pharmaceuticals,
`
`LLC hereby dismisses, without prejudice, its counterclaims pertaining to U.S. Patent
`
`Nos. 7,668,730; 7,765,106; and 7,765,107 (as contained in Counts I and II) against Plaintiff Jazz
`
`Pharmaceuticals, Inc. who has not yet served an answer or filed a motion for summary judgment
`
`pertaining to these counterclaims. The foregoing dismissal is expressly conditioned on the
`
`Covenant Not to Sue filed by Plaintiff Jazz on even date herewith, in this action. Amneal
`
`expressly
`
`
`
`3225885_1.docx
`
`
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 21 Filed 07/15/13 Page 2 of 2 PageID: 439
`
`reserves the right to reassert claims for declaratory relief of noninfringement and invalidity if
`
`Jazz's convent not to sue is voided for any reason.
`
`LERNER, DAVID, LITTENBERG
` KRUMHOLZ & MENTLIK, LLP
`Attorneys for Defendant/Counterclaim
` Plaintiff Amneal Pharmaceuticals, LLC
`
`
`
`By:___s/ Paul H. Kochanski____________
`Paul H. Kochanski
`Tel:
`908.654.5000
`E-mail:PKochanski@ldlkm.com
`Litigation@ldlkm.com
`
`
`Dated:
`
`July 15, 2013
`
`
`
`OF COUNSEL
`H. Keeto Sabharwal
`Dennies Varughese
`Deborah Sterling
`STERNE KESSLER GODSTEIN & FOX PLLC
`1100 New York Avenue N.W., Suite 800
`Washington, DC 20005-3934
`Tel:
`202.77.8511
`Fax: 202.371.2540
`
`
`
`3225885_1.docx
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
