Case 1:12-cv-00367-GMS Document 136 Filed 12/08/14 Page 1 of 1 PageID #: 4838
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CUBIST PHARMACEUTICALS, INC.,
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`Plaintiff,
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`Defendant.
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`~~~~~~~~~~~~~~~~~-)
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`V.
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`HOSPIRA, INC.,
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`C.A. No. 12-367-GMS
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`ORDER
`At Wilmington this ~ay of December, 2014, IT IS HEREBY ORDERED THAT:
`1. The Certificate of Correction issued for the RE'071 Patent is not invalid;
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`2. The asserted claims of the patents-in-suit are not invalid due to lack of written description;
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`3. The asserted claims of the RE'071 Patent are not invalid due to improper recapture;
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`4. The asserted claims of the '967 Patent and claim 98 of the '238 Patent are invalid due to
`anticipation;
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`5. The assert;ed claims of the '967, '689, '238 and '342 Patents are invalid due to obviousness;
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`6. Hospira's proposed products infringe each of the patents-in-suit; and
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`7. The parties' Rule 52(c) motions (D.I. 126-28) are GRANTED IN PART AND DENIED IN
`PART.
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`PETITIONERS
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`EXHIBIT NO. 1039 1 of 1
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