Takeda Pharmaceutical Co., Ltd. et al v. Anchen Pharmaceuticals, Inc.

Filing 335

FINAL JUDGMENT as to TWI. Judgment in favor of Plaintiff as to the '282 Patent against TWI. Judgment in favor of TWI against Takeda on '755 Patent. Signed by Judge Joseph C. Spero on 11/01/13. (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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vs.

Case No. 3:11-cv-01609 JCS
[PROPOSED] FINAL JUDGMENT AS TO
TWI PHARMACEUTICALS, INC.
Judge:

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

Related Cases: 3:11-cv-00840 (JCS)
3:11-cv-01610 (JCS)

15 TWI PHARMACEUTICALS, INC.,
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Defendant.

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CASE NO. 3:11-cv-1609 JCS
[PROPOSED] FINAL JUDGMENT AS TO TWI

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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. 330] 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 Defendant TWi
8 Pharmaceuticals, Inc. (“TWi”), on Takeda’s claim that TWi’s proposed products described in
9 Abbreviated New Drug Application (“ANDA”) No. 202-666 infringe asserted claims 1 and 2 of
10 U.S. Patent No. 7,737,282 (“the ’282 Patent”) pursuant to 35 U.S.C. § 271(e)(2); and it is further,
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ORDERED AND ADJUDGED that the asserted claims of the ’282 Patent are valid and

12 enforceable, and that Judgment shall be entered in favor of Takeda and against TWi on all
13 counterclaims and defenses alleging noninfringement, invalidity, or unenforceability of the’282
14 Patent; and it is further,
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ORDERED AND ADJUDGED that the Court declines to exercise jurisdiction of

16 Takeda’s declaratory judgment claim against TWi pursuant to 35 U.S.C. § 271(a); and it is further,
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ORDERED AND ADJUDGED, pursuant to the Court’s Order Re Summary Judgment

18 [D.N. 235] dated April 8, 2013, that Judgment shall be entered in favor of TWi and against Takeda
19 on Takeda’s claim that TWi’s proposed products described in ANDA No. 202-666 infringe
20 asserted claims 2 and 4 of U.S. Patent No. 7,790,755 (“the ’755 Patent”); and it is further,
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ORDERED AND ADJUDGED that Judgment shall be entered in favor of TWi and

22 against Takeda on TWi’s counterclaim alleging noninfringement of asserted claims 2 and 4 of the
23 ’755 patent, and that all counterclaims and defenses alleging invalidity and unenforceability of the
24 ’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

26 by the United States Food and Drug Administration of TWi’s proposed products described in
27 ANDA No. 202-666 shall be a date that is not earlier than the date of expiration of the ’282 Patent
28 (currently, June 15, 2020); and it is further,
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[PROPOSED] FINAL JUDGMENT AS TO TWI

CASE NO. 3:11-cv-1609 JCS

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ORDERED that, pursuant to Civil L.R. 54-1, costs shall be awarded to Takeda. JCS

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Spero

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Judge Jo

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______________________________________
THE HONORABLE JOSEPH C. SPERO
United States Magistrate Judge

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11/01
DATED: ________________, 2013

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[PROPOSED] FINAL JUDGMENT AS TO TWI

CASE NO. 3:11-cv-1609 JCS

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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]

21943711

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[PROPOSED] FINAL JUDGMENT AS TO TWI

CASE NO. 3:11-cv-1609 JCS