Ferring B.V. v. Apotex, Inc. et al

Filing 46

JUDGMENT 1. This action is dismissed pursuant to the stipulation of Apotex made on the record and incorporated by reference and filed under seal. 2. Each party is to bear its own costs and attorneys' fees. Signed by Judge Robert C. Jones on 3/24/2014. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

1
2
3

FERRING B.V.
Plaintiff,

4
5
6

v.
APOTEX INC. and APOTEX CORP.,

Case Nos.:
3:11-cv-00481-RCJ-VPC (Lead Case)
3:11-cv-00485-RCJ-VPC
3:11-cv-00854-RCJ-VPC
2:12-cv-01941-RCJ-VPC
(Consolidated)

Defendants.

7
8
9

JUDGMENT

10

This action for patent infringement having been brought by Plaintiff Ferring B.V.

11

(“Plaintiff” or “Ferring”) against Defendants Apotex Inc. and Apotex Corp. (“collectively,

12

“Defendants” or “Apotex”) for infringement of United States Patent Nos. 7,947,739 (‘the ’739

13

patent”). 8,022,106 (“the ’106 patent”); and 8,273,795 (“the ’795 patent”) (collectively, “patents-

14

in-suit”):

15
16

The Court having found that Apotex’s approved ANDA No. 202286 infringed Plaintiff’s
above-referenced patents;

17

Apotex having Stipulated to amend its ANDA No. 202286 request with the FDA; and

18

The Court having acknowledged that Apotex’s action moots Plaintiff’s Complaint with

19

regard to Apotex’s proposed ANDA amendment.

20

IT IS THEREFORE ORDERED AND ADJUDGED that:

21

1.

22
23
24

This action is dismissed pursuant to the stipulation of Apotex made on the record

and incorporated by reference and filed under seal.
2.

Each party is to bear its own costs and attorneys’ fees.

So Ordered, Adjudged and Signed this ___ day ofof March, 2014.
24th day March, 2014.

25
26
27

_______________________________
UNITED STATES DISTRICT JUDGE

28
1