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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF NEW JERSEY
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`Civil Action No. 16-1542 (1(M)
`Civil Action No. 16-3316 (KM)
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`))
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`))
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`FRESENIUS KABI USA, LLC,
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`Plaintiff,
`
`V.
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`DR. REDDY’S LABORATORIES, INC., DR.
`REDDY’S LABORATORIES, LTD.,
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`Defendants.
`
`STIPULATION AND ORDER OF DISMISSAL Fresenius Kabi USA, LLC (“Plaintiff”)
`and Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. (collectively “j” or the
`“Defendants”) have agreed to terms and con€Iiiions
`representing a negotiated settlement of this
`action and have set forth those terms and conditions in a confidential Settlement and License
`Agreement, dated December 14, 2016 (the “Settlement and License Agreement”), pursuant to
`which the parties have resolved this action.
`
`IT IS HEREBY STIPULATED that:
`
`1.
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`This Court has jurisdiction over the parties and the subject matter of this action;
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`2.
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`Plaintiff has asserted that its United States Patent Nos. 9,006,289, 9,168,238, and
`9,168,239 (“the patents-in-suit”) are enforceable and valid and that the patents-in-suit would be
`infringed by the manufacture, use, sale, offer for sale, or importation of Defendants’ Products, as
`defined in the Settlement and License Agreement and described in Defendants’ Abbreviated New
`Drug Application No. 208837 (“Defendants’ ANDA”);
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`3.
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`In view of the Settlement and License Agreement, the parties have agreed to forego
`any further litigation involving their respective assertions of infringement,
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`invalidity and/or
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`unenforceability;
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`
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`Case 2:16-cv-01542-KM-MAH Document 6 Filed 01/05/17 Page 2 of 2 PageID: 99
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`4.
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`All claims, counterclaims and affirmative defenses of Fresenius and DRL in this
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`action are hereby dismissed without prejudice;
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`7.
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`Each Party shall bear its own costs, attorneys’ fees, and expenses incurred in
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`connection with this action; and
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`8.
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`This Court retains jurisdiction to enforce or supervise performance under this
`Consent Judgment and the Settlement and License Agreement.
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`IT IS SO ORDERED, this
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`of
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`kr/k>(
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`The Honorable Kevin PytNulty /
`United States District Juge-
`
`2017 by:
`
`
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