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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
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`HOSPIRA, INC.,
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`Plaintiff,
`
`V.
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`AMNEAL PHARMACEUTICALS LLC,
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`Defendant.
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`)
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`C.A . No. 15-697-RGA
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`[~ ORDER REGARDING DISSOLUTION OF FEBRUARY 6, 2018
`INJUNCTION AGAINST AMNEAL
`
`Upon consideration of the stipulation between Hospira, Inc. and Amneal Pharmaceuticals
`
`LLC regarding this Court's injunction of February 6, 2018 (D.I. 121 at 2, the "Injunction");
`
`In recognition of the fact that the United States Court of Appeals for the Federal Circuit on
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`January 9, 2020, held invalid claim 6 of U.S. Patent No . 8,648,106 ("the '106 patent") in Hospira
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`Inc. v. Fresenius Kabi USA, LLC, Fed. Cir. 2019-1329, 2019-1367;
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`In recognition that issuance by the Federal Circuit of a mandate on that decision would be
`
`a final judgment of such invalidity of claim 6 of the ' 106 patent;
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`In recognition of the fact that this Court's February 6, 2018, judgment and injunction
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`against Amneal was based solely on infringement of claim 6 of the '106 patent"; and
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`In recognition that the Court' s February 6, 2018 Injunction stated :
`
`That, pursuant to 35 U .S.C. § 271(e)(4)(A), the effective date of any approval by the U.S .
`Food and Drug Administration ("FDA") of Arnneal' s ANDA No. 207551 shall be not
`earlier than the expiration of the '106 patent on July 4, 2032, as extended by pediatric
`exclusivity; and
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`That, pursuant to 35 U.S.C. §§ 27l(e)(4)(B), Amneal and each of its officers, agents, or
`other entities in active concert with Arnneal are permanently enjoined until the expiration
`of the '106 patent, as extended by pediatric exclusivity, on July 4, 2032, from engaging in
`the commercial manufacture, use, offer to sell, or sale within the United States, or
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`1
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`
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`Case 1:15-cv-00697-RGA Document 134 Filed 02/05/20 Page 2 of 2 PageID #: 2958
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`importation into the United States, of the products that are the subject of ANDA No.
`207551.
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`(D.I. 121 at 2.); it is hereby
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`ORDERED that this Court' s Injunction with respect to Amneal's Abbreviated New Drug
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`Application ("ANDA") No. 207551 shall be dissolved upon entry of a mandate arising from the
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`Federal Circuit's affirmance of invalidity of claim 6 of the '106 patent; and
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`ORDERED that Arnneal may provide this Order and Stipulation to the Food and Drug
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`Administration in connection with seeking Final Approval.
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`SO ORDERED this _2__ day of February, 2020.
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`2
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