Case 2:13-cv-00391-ES-JAD Document 292 Filed 05/18/16 Page 1 of 5 PageID: 5416
`
`Charles M. Lizza
`William C. Baton
`SAUL EWING LLP
`One Riverfront Plaza, Suite 1520
`Newark, NJ 07 102-5426
`(973) 286-6700
`
`Attorneysfor Plaintffs
`Jazz Pharmaceuticals, Inc. and
`Jazz Pharmaceuticals Ireland Limited
`
`Karen A. Confoy
`Christopher R. Kinkade
`Kai W. Marshall-Otto
`Fox ROTHSCHILD LLP
`Princeton Pike Corporate Center
`997 Lenox Drive, Building 3
`Lawrenceville, NJ 08648-2311
`(609) 896-3600
`kconfoy@foxrothschild.com
`
`Attorneys for Defendants Sun
`Pharmaceutical Industries Ltd., Ohm
`Laboratories Inc., and Ranbaxy Inc.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC., et
`aL,
`
`Plaintiffs,
`
`V.
`
`AMNEAL PHARMACEUTICALS,
`LLC, etal.,
`
`Defendants.
`
`Civil Action No. 13-391 (ES)(JAD)
`Civil Action No. 15-8229 (ES)(JAD)
`(consolidated)
`
`(Filed Electronically)
`
`STIPULATION AND ORDER OF DISMISSAL
`
`The Court, upon the consent and request of Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz
`
`Pharmaceuticals Ireland Limited (collectively, “Jazz”) and Defendants Sun Pharmaceutical
`
`Industries Ltd., Ohm Laboratories Inc., and Ranbaxy Inc. (collectively, “Ranbaxy”), hereby
`
`enters into the record the following Stipulated Facts and issues the following Order of Dismissal:
`
`1
`
`
`
`Charles M. Lizza
`William C. Baton
`SAUL EWING LLP
`One Riverfront Plaza, Suite 1520
`Newark, NJ 07 102-5426
`(973) 286-6700
`
`Attorneysfor Plaintffs
`Jazz Pharmaceuticals, Inc. and
`Jazz Pharmaceuticals Ireland Limited
`
`Karen A. Confoy
`Christopher R. Kinkade
`Kai W. Marshall-Otto
`Fox ROTHSCHILD LLP
`Princeton Pike Corporate Center
`997 Lenox Drive, Building 3
`Lawrenceville, NJ 08648-2311
`(609) 896-3600
`kconfoy@foxrothschild.com
`
`Attorneys for Defendants Sun
`Pharmaceutical Industries Ltd., Ohm
`Laboratories Inc., and Ranbaxy Inc.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC., et
`aL,
`
`Plaintiffs,
`
`V.
`
`AMNEAL PHARMACEUTICALS,
`LLC, etal.,
`
`Defendants.
`
`Civil Action No. 13-391 (ES)(JAD)
`Civil Action No. 15-8229 (ES)(JAD)
`(consolidated)
`
`(Filed Electronically)
`
`STIPULATION AND ORDER OF DISMISSAL
`
`The Court, upon the consent and request of Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz
`
`Pharmaceuticals Ireland Limited (collectively, “Jazz”) and Defendants Sun Pharmaceutical
`
`Industries Ltd., Ohm Laboratories Inc., and Ranbaxy Inc. (collectively, “Ranbaxy”), hereby
`
`enters into the record the following Stipulated Facts and issues the following Order of Dismissal:
`
`1
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 292 Filed 05/18/16 Page 2 of 5 PageID: 5417
`
`STIPULATED FACTS
`
`1.
`
`This Court has subject matter jurisdiction over these patent infringement actions
`
`(the “Actions”). This Court has personal jurisdiction over Jazz and Ranbaxy, and venue is
`
`proper in this Court.
`
`2.
`
`In this Action, Jazz has charged Ranbaxy with infringement of certain claims of
`
`United States Patent Nos. 6,472,431, 6,780,889, 7,262,219, 7,851,506, 8,263,650, 8,324,275,
`
`8,461,203, 7,668,730, 7,765,106, 7,765,107, 7,895,059, 8,457,988, 8,589,182, 8,731,963,
`
`8,772,306, 8,859,619, 8,952,062, and 9,050,302 (“the Asserted Patents”) in connection with
`
`Ranbaxy’s submission of Abbreviated New Drug Application (“ANDA”) No. 203351, directed
`
`to a generic 500 mg/mE sodium oxybate oral solution product for the treatment of cataplexy and
`
`excessive daytime sleepiness in narcolepsy (hereinafter, the “Generic Product”), to the U.S. Food
`
`and Drug Administration (“FDA”).
`
`3.
`
`Ranbaxy has not, at this time, rebutted the statutory presumption that the Asserted
`
`Patents are valid and enforceable in this Action.
`
`4.
`
`Ranbaxy admits that the submission of ANDA No. 203351 to the FDA for the
`
`purpose of obtaining regulatory approval to engage in the commercial manufacture, use and/or
`
`sale of the Generic Product within the United States prior to the expiration of the Asserted
`
`Patents was a technical act of patent infringement with respect to one or more claims of each of
`
`the Asserted Patents.
`
`2
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 292 Filed 05/18/16 Page 3 of 5 PageID: 5418
`
`Dated: May 12, 2016
`
`By: s/ Charles M. Lizza
`Charles M. Lizza
`William C. Baton
`SAUL EWING LLP
`One Riverfront Plaza, Suite 1520
`Newark, NJ 07102-5426
`(973) 286-6700
`clizza@saul.com
`
`Attorneysfor Plaintffs
`Jazz Pharmaceuticals, Inc. and Jazz
`Pharmaceuticals Ireland Limited
`
`OfCounsel:
`
`F. Dominic Cerrito
`Eric C. Stops
`Gabriel P. Brier
`QUmns EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22w’ Floor
`New York, New York 10010
`
`Richard G. Greco
`RICHARD G. GREc0 PC
`90 State Street, Suite 700
`Albany, New York 12207
`
`By: 5/ Karen A. Confoy
`Karen A. Confoy
`Christopher R. Kinkade
`Kai W. Marshall-Otto
`Fox ROTHSCHILD LLP
`Princeton Pike Corporate Center
`997 Lenox Drive, Building 3
`Lawrenceville, NJ 08648-2311
`(609) 896-3600
`kconfoy@foxrothschild.com
`
`Attorneysfor Defendants Sun
`Pharmaceutical Industries Ltd., Ohm
`Laboratories Inc., and Ranbaxy Inc.
`
`Of Counsel:
`
`William R. Zimmerman
`KNOBBE, MARTENS, OLSON & BEAR,
`LLP
`1717 Pennsylvania Avenue, N.W.
`Suite 900
`Washington, D.C. 20006
`
`Carol Pitzel Cruz
`Christie R.W. Matthaei
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`925 Fourth Avenue, Suite 2500
`Seattle, WA 98104
`
`Benjamin B. Anger
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`12790 El Camino Real San Diego,
`CA 92130
`
`Karen M. Cassidy
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`
`3
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 292 Filed 05/18/16 Page 4 of 5 PageID: 5419
`
`ORDER OF DISMISSAL
`
`Accordingly, pursuant to the above Stipulated Facts, and upon the consent and request of
`
`Jazz and Ranbaxy, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
`
`1.
`
`The filing of ANDA No. 203351 was a technical act of infringement of each of
`
`the Asserted Patents under 35 U.S.C. § 271(e)(2)(A).
`
`2.
`
`Ranbaxy admits that the commercial manufacture, use, selling, offering for sale,
`
`or importing of the Generic Product would infringe each of the Asserted Patents.
`
`3.
`
`All claims, defenses, and counterclaims in this Action are hereby dismissed,
`
`without prejudice.’
`
`4.
`
`Ranbaxy, its officers, agents, servants, employees and attorneys, and those
`
`persons in active concert or participation with them who receive actual notice of this Order by
`
`personal service or otherwise, are hereby enjoined from manufacturing, using, offering to sell or
`
`selling within the United States, or importing into the United States, the Generic Product during
`
`the life of the Asserted Patents, including any extensions and pediatric exclusivities, except only
`
`as expressly permitted by the License Agreement entered into between Jazz and Ranbaxy on
`
`May 9, 2016, unless all of the asserted claims of the Asserted Patents are found invalid,
`
`unpatentable or unenforceable by a court or patent office decision from which no appeal has
`
`been or can be taken, other than a petition for a writ of certiorari to the U.S. Supreme Court, and
`
`any marketing of the Generic Product, except as allowed in this paragraph, would cause
`
`irreparable harm to Jazz.
`
`The dismissal of the parties’ claims, defenses, and counterclaims in Civil Action No.
`13-391 with respect to Ranbaxy shall not result in the dismissal of claims, defenses, and
`counterclaims in that Action with respect to Amneal Pharmaceuticals LLC, Par Pharmaceutical,
`Inc., Watson Laboratories, Inc., Lupin Ltd., Lupin Pharmaceuticals, Inc., and Lupin Inc.
`
`4
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 292 Filed 05/18/16 Page 5 of 5 PageID: 5420
`
`5.
`
`This Court retains jurisdiction over Jazz and Ranbaxy for purposes of enforcing
`
`this Stipulation And Order Of Dismissal.
`
`6.
`
`The Clerk of the Court is directed to enter this final judgment forthwith.
`
`SO ORDERED:
`
`This ,L/yof 71’1 ;
`
`,2016
`
`HONO
`,UNIT
`
`ER SALAS
`ES
`STATES ISTRICT JUDGE
`
`5
`
`
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