Takeda Pharmaceutical Co., LTD et al v. Handa Pharmaceuticals, LLC

Filing 451

FINAL JUDGMENT AS TO HANDA AND PAR. Judgment is in favor of Plaintiff against Handa and Par as to Patent No.'276, and '282. Judgment is in favor of Handa/Par against Takeda as to '755 Patent. Signed by Judge Joseph C. Spero on 11/1/13. (klhS, COURT STAFF) (Filed on 11/1/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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10 TAKEDA PHARMACEUTICAL CO., LTD.,
TAKEDA PHARMACEUTICALS NORTH
11 AMERICA, INC., TAKEDA
PHARMACEUTICALS LLC, AND TAKEDA
12 PHARMACEUTICALS AMERICA, INC.,
Plaintiffs,

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Case No. 3:11-cv-00840 JCS
[PROPOSED] FINAL JUDGMENT AS TO
HANDA PHARMACEUTICALS, LLC.,
AND PAR PHARMACEUTICALS, INC.
Judge:

Hon. Joseph C. Spero
Courtroom G, 15th Floor

vs.

15 HANDA PHARMACEUTICALS, LLC., AND
PAR PHARMACEUTICALS, INC.,
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Defendants.
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Related Cases: 3:11-cv-01609 (JCS)
3:11-cv-01610 (JCS)

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CASE NO. 3:11-cv-840 JCS
[PROPOSED] FINAL JUDGMENT AS TO HANDA AND PAR

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This action having come before the Court for a bench trial from June 5 to June 12, 2013;

2 the issues having been heard and a decision having been rendered:
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IT IS HEREBY ORDERED AND ADJUDGED this ___ day of __________, 2013, for
1st
November

4 the reasons set forth in the Court’s Findings of Fact and Conclusions of Law [D.N. 446] dated
5 October 17, 2013, that Judgment shall be entered in favor of Plaintiffs Takeda Pharmaceuticals
6 Co., Ltd., Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals LLC, and
7 Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”), and against Defendants Handa
8 Pharmaceuticals, LLC, and Par Pharmaceuticals, Inc. (collectively, “Handa/Par”), on Takeda’s
9 claims that Handa/Par’s proposed products described in Abbreviated New Drug Application
10 (“ANDA”) No. 202-294 infringe asserted claims 2 and 3 of U.S. Patent No. 6,664,276 (“the ’276
11 Patent”) and asserted claims 1 and 2 of U.S. Patent No. 7,737,282 (“the ’282 Patent”) pursuant to
12 35 U.S.C. § 271(e)(2); and it is further,
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ORDERED AND ADJUDGED that the asserted claims of the ’276 and ’282 Patents are

14 valid and enforceable, and that Judgment shall be entered in favor of Takeda and against
15 Handa/Par on all counterclaims and defenses alleging noninfringement, invalidity, or
16 unenforceability of the ’276 and ’282 Patents; and it is further,
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ORDERED AND ADJUDGED, pursuant to the Court’s Order Re Summary Judgment

18 [D.N. 265] dated April 8, 2013, that Judgment shall be entered in favor of Handa/Par and against
19 Takeda on Takeda’s claim that Handa/Par’s proposed products described in ANDA No. 202-294
20 infringe asserted claims 2, 4, and 6 of U.S. Patent No. 7,790,755 (“the ’755 Patent”); and it is
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ORDERED AND ADJUDGED that Judgment shall be entered in favor of Handa/Par and

23 against Takeda on Handa/Par’s counterclaim alleging noninfringement of asserted claims 2, 4, and
24 6 of the ’755 patent, and that Handa/Par’s counterclaims and defenses alleging invalidity and
25 unenforceability of the ’755 Patent are moot; and it is further,
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ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any approval

27 by the United States Food and Drug Administration of Handa/Par’s proposed products described
28 in ANDA No. 202-294 shall be a date that is not earlier than the last date of expiration of the ’276
CASE NO. 3:11-cv-840 JCS
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[PROPOSED] FINAL JUDGMENT AS TO HANDA AND PAR

1 and ’282 Patents (currently, June 15, 2020, for the ’282 Patent, and December 15, 2020, with
2 attached six months of pediatric exclusivity for the’276 Patent, which date is subject to extension
3 pursuant to Takeda’s request for patent term extension currently pending before the U.S. Patent
4 and Trademark Office); and it is further,
ORDERED that, pursuant to Civil L.R. 54-1, costs shall be awarded to Takeda. JCS

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______________________________________
THE HONORABLE JOSEPH C. SPERO
United States Magistrate Judge

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11/1
DATED: ________________, 2013

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CASE NO. 3:11-cv-840 JCS
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[PROPOSED] FINAL JUDGMENT AS TO HANDA AND PAR

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Presented by,

2 DATED: October 25, 2013

MUNGER, TOLLES & OLSON LLP

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By:

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TINA W. ARROYO (State Bar No. 272757)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
San Francisco, California 94105-2907
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
TAKEDA PHARMACEUTICAL CO., LTD.,
TAKEDA PHARMACEUTICALS NORTH
AMERICA, INC., TAKEDA PHARMACEUTICALS
LLC, AND TAKEDA PHARMACEUTICALS
AMERICA, INC.

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/s/ Heather E. Takahashi
JEFFREY I. WEINBERGER (SBN 056214)
[e-mail]
TED G. DANE (SBN 143195)
[e-mail]
HEATHER E. TAKAHASHI (SBN 245845)
[e-mail]
RYAN N. HAGGLUND (pro hac vice)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071-1560
Telephone: [phone]
Facsimile: [phone]

21940134

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CASE NO. 3:11-cv-840 JCS
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[PROPOSED] FINAL JUDGMENT AS TO HANDA AND PAR