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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 06-438 GMS
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`ELAN PHARMA
`INTERNATIONAL LTD,
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`Plaintiff,
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`v.
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`ABRAXIS BIOSCIENCE, INC,
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`Defendant.
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`JUDGMENT
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`This action came before the Court for a trial by jury. The issues have been tried and the
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`jury rendered its verdict on June 13, 2008. The verdict was accompanied by a verdict form (D.I.
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`613), a copy of which is attached hereto. Therefore,
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`IT IS HEREBY ORDERED AND ADJUDGED that judgment be and is hereby entered in
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`favor of the plaintiff, ELAN PHARMA INTERNATIONAL LTD and against the defendant,
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`ABRAXIS BIOSCIENCE, INC., that ABRAXIS BIOSCIENCE, INC., literally infringes Claims
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`3 and 5 of U.S. Patent No. 5,399,363 in the amount of FIFTY-FIVE MILLION TWO HUNDRED
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`THIRTY THOUSAND DOLLARS ($55,230,000.00) for damages from January 7, 2005 through
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`June 13, 2008, FINDING A REASONABLE ROYALTY RATE OF SIX PERCENT (6%); and
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`that the infringement is not willful;
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`IT IS FURTHER ORDERED that judgment be and is hereby entered in favor of the
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`plaintiff, ELAN PHARMA INTERNATIONAL LTD and against the defendant, ABRAXIS
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`BIOSCIENCE, INC., for the validity of Claims 1, 3, 5, 10, and 11 of U.S. Patent No. 5,399,363
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`and Claims 1, 2, 3, 13, 14, and 15 of U.S. Patent No. 5,834,025;
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`Actavis - IPR2017-01101, Ex. 1011, p. 1 of 7
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`Case 1:06-cv-00438-GMS Document 614 Filed 06/16/08 Page 2 of 2 PageID #: 8761
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`IT IS FURTHER ORDERED that judgment be and is hereby entered in favor of the
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`plaintiff, ELAN PHARMA INTERNATIONAL LTD and against the defendant, ABRAXIS
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`BIOSCIENCE, INC., for the enforceability of U.S. Patent Nos. 5,399,363 and 5,834,025.
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`Dated: June 16, 2008
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`/s/ Gregory M. Sleet
`UNITED STATES DISTRICT CHIEF JUDGE
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`2
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`Actavis - IPR2017-01101, Ex. 1011, p. 2 of 7
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`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 1 of 5 PageID #: 8762
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`Actavis - IPR2017-01101, Ex. 1011, p. 3 of 7
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`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 2 of 5 PageID #: 8763
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`Actavis - IPR2017-01101, Ex. 1011, p. 4 of 7
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`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 3 of 5 PageID #: 8764
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`Actavis - IPR2017-01101, Ex. 1011, p. 5 of 7
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`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 4 of 5 PageID #: 8765
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`Actavis - IPR2017-01101, Ex. 1011, p. 6 of 7
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`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 5 of 5 PageID #: 8766
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`Actavis - IPR2017-01101, Ex. 1011, p. 7 of 7
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