mnfimmcems [blimunmrlttléB mimflcrmmnfi mammnvammm:m
`
`A0 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`for the District of Delaware
`
`filed in the U.S. District Court
`
`on the following
`
`M Trademarks or
`
`D Patents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET N0.
`
`PLAINTIFF
`
`DATE FILED
`8/25/2015
`
`U.5. DISTRICT COURT
`for the District of Delaware
`
`DEFENDANT
`
`CEPHALON, INC.
`
`PANACEA BIOTEC, LTD.,
`
`
`
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`Consent judgment attached
`
`CLERK
`
`John A. Cerino
`
`(BY) DEPUTY CLERK
`
`/s/ Mark Buckson
`
`DATE
`
`3/8/2016
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`
`
`A0 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`for the District of Delaware
`
`filed in the U.S. District Court
`
`on the following
`
`M Trademarks or
`
`D Patents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET N0.
`
`PLAINTIFF
`
`DATE FILED
`8/25/2015
`
`U.5. DISTRICT COURT
`for the District of Delaware
`
`DEFENDANT
`
`CEPHALON, INC.
`
`PANACEA BIOTEC, LTD.,
`
`
`
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`Consent judgment attached
`
`CLERK
`
`John A. Cerino
`
`(BY) DEPUTY CLERK
`
`/s/ Mark Buckson
`
`DATE
`
`3/8/2016
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`
`
`Case 1:15-cv-OO735-GMS Document 18 Filed 03/08/16 Page 2 of 4 PagelD #: 439
`
`Case 1:15-cv-O'O404-GMS Document 30 Filed 03/01/16 Page 1 of 3 PageID #: 431
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`CA. No. 15-404-GMS (consolidated)
`.
`
`_
`CA. No. 15—735-GMS
`
`) )
`
`)
`
`))
`
`)
`)
`
`) )
`
`) )
`
`)
`)
`
`) )
`
`)
`
`iNRE BENDAMUSTINE CONSOLIDATED
`CASES 11
`.
`
`CEPHALON, rNC.,
`
`Plaintiff,
`
`v.
`
`'
`. PANACEA BIOTEC LTD.,
`
`Defendant.
`
`CONSENT JUDGMENT BETWEEN
`
`CEPHALON, INC. AND PANACEA BIOTEC LTD.
`
`Cephalon, Inc. (“film”) and Panacea Biotec, Ltd. (“Defendant”) have agreed to terms
`
`and conditions representing a negotiated settlement of this action and have set forth those terms
`
`and conditions in a Settlement and License Agreement, dated February. 29, 2016 (the “Settlement
`
`and License Agreement”). Now the parties, having consented and stipulated to the entry of this
`
`Consent Judgment, as follows:
`
`IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
`
`1.
`
`This Court has jurisdiction over the parties and the subject matter of this action;
`
`2.»
`Plaintiff has asserted that its United States Patent Nos. 8,445,524; 8,669,279;
`8,791,270; 8,883,836 and 8,895,756 (“the patents-in-suli ”) are enforceable and valid and that the
`
`patents-in-suit would be infringed by the manufacture, use, sale, offer for sale, or importation of
`
`Defendant’s Products, as defined in the Settlement and License Agreement and described in
`
`Defendant’s AbbreViated New Drug Application No. 207543 (“Defendant’s ANDA”);
`
`
`
`Case 1:15-cv-00735-GMS Document 18 Filed 03/08/16 Page 3 of 4 PagelD #: 440
`
`Case 1:15-cv-OO404-GMS Document 30 Filed 03/01/16 Page 2 of 3 PageID #: 432
`
`3.
`
`In view of the Settlement and License Agreement, the parties have agreed to
`
`forego any further litigation involving their respective assertions of infringement,
`
`invalidity
`
`and/or unenforceability;
`
`4.
`
`Judgment 'is hereby entered in favor of Plaintiff, as Defendant has admitted solely
`
`with respect to Defendant’s ANDA and Defendant’s Products that
`
`the patents—in-suit are
`
`enforceable and valid and that one or more of the patents-in-suit would be infringed by the
`
`manufacture, use, sale, offer for sale, or importation of Defendant’s Products;
`
`5.
`
`1 Pursuant 'to 35 U.S.C. §27l(e)(4)(A), the effective date of any approval-of the
`
`products that are the subject of Defendant’s ANDA shall be not earlier than the expiration of the
`
`patents—in-suit, except to the extent expressly permitted by Plaintiff under the Settlement and
`
`License Agreement;
`
`6.
`
`Pursuant to 35 U.S.C. § 27l(e)(4)(B), and 35 U.S.C. § 283, Defendant, including
`
`its respective officers, agents, servants, employees, attorneys, and other persons who are in active
`
`concert or participation with the individuals who receive actual notice of this Consent Judgment
`
`are enjoined from making, using, offering to sell, or selling within the UnitedlStates, or
`
`importing into the United States, Defendant’s Products until the expiration of the patents-in—suit,
`
`except
`
`to the extent expressly permitted by Plaintiff under the Settlement and License
`
`Agreement;
`
`'
`
`'7.
`
`Each Party shall bear its own costs, attorneys’ fees, and expenses incurred in
`
`connection .with this action; and
`
`8.
`
`This Court retains jurisdiction to enforce or supervise performance under this
`
`Consent Judgment and the Settlement and License Agreement. '
`
`
`
`Case 1:15-cv-00735—GMS Document 18 Filed 03/08/16 Page 4 of 4 PagelD #: 441
`Case 1:15-cv-00404-GMS Document 30 Filed 03/01/16 Page 3 of 3 PagelD #: 433
`
`/s/ Karen E. Keller
`
`/s/ Sean M Brennecke
`
`Sean M. Brennecke (No. 4686)
`KLEHR HARRISON HARVEY BRANZBURG LLP
`919 North Market Street, Suite 1000
`Wilmington, DE 19801
`(302) 552—55 1 8
`sbrennecke@klehr.com
`
`William A. Harvey
`KLEHR HARRISON HARVEY BRANZBURG LLP
`1835 Market Street, Suite 1400
`Philadelphia, PA 19103
`(215) 569-3003
`~
`OF COUNSEL:
`
`_
`
`,
`
`Sri K. Sankaran
`Devan V. Padmanabhan
`
`,
`WINTHROP & WEINSTINE, P.A.
`225 South Sixth Street, Suite 3500
`
`'
`
`Minneapolis, MN 55402
`(612) 604-6400
`
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`David M. Fry (No. 5486)
`SHAW KELLER LLP r,
`300 Delaware Ave., Suite 1120
`Wilmington, DE 19801
`(302) 298—0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`dfry@shawkeller.com
`Attorneysfor Plaintz'flCepha/on, Inc.
`
`,
`
`‘
`
`OF COUNSEL:
`David M. Hashmall
`
`Calvin E. Wingfield Jr.
`Jonathan A. Auerbach
`
`Joshua A. Whitehill
`GOODWIN PROCTER LLP
`
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800
`
`Paul F. Ware
`
`Daryl L. Wiesen
`Emily L. Rapalino
`Nicholas K. Mitrokostas
`GOODWIN PROCTER LLP
`
`Exchange Place
`Boston, MA 02109
`
`(617) 570-1000
`
`Dated: March 1,2016
`
`IT IS SO ORDERED, DECREED,‘AND ADJUDGED‘this
`
`r
`
`2 Hméi
`
`, 2016
`
`
`
`
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
