`25885
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
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`In re: Aflibercept Patent Litigation
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`MDL No. 1:24-md-03103-TSK
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`THIS ORDER APPLIES TO
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`Case No. 1:23-CV-89-TSK
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`ORDER FOR INJUNCTIVE RELIEF
`AGAINST CELLTRION
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`Case 1:23-cv-00089-TSK-JPM Document 205-4 Filed 07/12/24 Page 2 of 3 PageID #:
`25886
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`Upon consideration of Plaintiff’s Motion for Preliminary Injunction, accompanying
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`Memorandum in Support, exhibits attached thereto, and all of the evidence presented before this
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`Court, for the reasons set forth in the Court’s June 28, 2024 Order Granting Motion for Preliminary
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`Injunction (ECF No. 215; “PI Ruling”), it is
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`ORDERED THAT:
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`Pursuant to Rule 65(d)(1)(A), the reasons why this injunction is being issued are detailed
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`in the PI Ruling.
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`Pursuant to Rules 65(d)(1)(B)-(C), the terms of the preliminary injunction and the acts
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`restrained are as follows:
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`Defendant, its officers, agents, servants, representatives and employees, and any and all
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`persons or entities acting by, through, under or in active concert with any or all of them, are hereby
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`enjoined and restrained from offering to sell or selling within the United States any product that is
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`the subject of BLA No. 761377, without a license from Regeneron.
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`Defendant, its officers, agents, servants, representatives and employees, and any and all
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`persons or entities acting by, through, under or in active concert with any or all of them, shall be
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`so enjoined until the earlier of: (i) expiry of U.S. Patent No. 11,084,865 (“the ʼ865 Patent”); (ii)
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`entry of final judgment in Case No. 1:23-CV-89-TSK; or (iii) entry of a permanent injunction
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`following trial in Case No. 1:23-CV-89-TSK.
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`Pursuant to Rule 65(d)(2), Defendant shall provide copies of this order to its officers, any
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`employee with responsibility for development or commercialization of CT-P42 as soon as possible
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`and no later than three (3) business days of the issuance of this order.
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`Regeneron shall post an appropriate bond or other security in an amount to be set in a
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`separate order, which Regeneron shall post within five (5) days of that order.
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`Case 1:23-cv-00089-TSK-JPM Document 205-4 Filed 07/12/24 Page 3 of 3 PageID #:
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`Nothing herein shall impact, disrupt or otherwise restrict or prohibit any activities
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`undertaken in the United States solely for commercialization of product in non-U.S. markets.
`It is so ORDERED.
`DATED: July 10, 2024
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`__________________________________
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`Hon. Thomas S. Kleeh, Chief Judge
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