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

Filing 44

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 3/24/2013. (Copies have been distributed pursuant to the NEF - DRM)

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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

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