Appendix A-49 Stipulation and Order of Infringement

• Author: Kenneth Dorsney
• Pages: 911-912

Stipulation and Order of Infringement

[ ]

[DISTRICT COURT CAPTION]

STIPULATION AND ORDER OF INFRINGEMENT

Name of Plaintiff] and

[Name of Defendant] by their undersigned counsel, that:

1. active ingredient] products described in Defendant’s Abbreviated

2. If the asserted claims are found to be not invalid, the making, using,

active ingredient]

claims.

3. In light of this Stipulation, Plaintiffs agree that they will not seek any fact

discovery from Defendant and Defendant agrees that it will not seek any fact discovery

solely related to infringement from Plaintiffs.

4. Defendant further agrees that it will not rely on any documents generated

by any individual formerly employed or currently employed by Defendant or any

testimony (oral or written) of any individual formerly employed or currently employed by

Defendant in support of any defense, by counterclaim or otherwise.

5. Defendant also agrees that it will not assert or pursue any defense, by

dated [Date], which relies on documents or information generated by any individual

formerly employed or currently employed by Defendant or any testimony (oral or

written) of any individual formerly employed or currently employed by Defendant,

except as provided for as follows: Should Defendant seek to pursue any additional

defense, by counterclaim or otherwise that relies on documents or information generated

by any individual formerly employed or currently employed by Defendant or any

testimony (oral or written) of any individual formerly employed or currently employed by

Defendant, Defendant agrees that Plaintiffs may seek discovery related to that defense.

parties agree to confer in good faith regarding a schedule for discovery related to any

such defense.

Plaintiffs agree that, except for the asserted claims, they shall not assert

any of the claims of the ’001 and ’002 patents against Defendant, its manufacturers,

911

A-49

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