Joint Pretrial Order, Consent Judgment, and Permanent Injunction as to Defendant

• Author: Kenneth L. Dorsney
• Pages: 887-889

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Joint Pretrial Order, Consent Judgment, and Permanent

Injunction as to Defendant

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

This matter is before the Court on the unopposed motion of Plaintiff

Brand, Inc. (“Brand”) and Defendant Generic, Inc. (“Generic”).

WHEREAS, this Consent Judgment and Permanent Injunction as to

Generic, Inc. concerns only Brand’s claims against Generic and Generic’s counterclaims

against Brand in this Civil Action No. 12-3456 (JDG) (referred to herein as the

“Litigation”).

WHEREAS, Brand requests that this Consent Judgment and Permanent

Injunction as to Generic, Inc. be entered in the above-captioned case, and Generic does

not oppose Brand’s request.

WHEREAS, Brand owns United States Patent No. 1 (“the ’001 patent”).

WHEREAS, Generic submitted Abbreviated New Drug Application No.

12-345 (“Generic’s ANDA”) to the FDA under 21 U.S.C. § 355(j) seeking to obtain

approval to commercially manufacture and sell GenX tablets for the treatment of a

condition.

WHEREAS, in the Litigation, Brand alleged that Generic infringed one or

more of claims 3, 4, 12, and 13 of the ’001 patent under 35 U.S.C. § 271(e)(2) by virtue

of Generic’s submission of Generic’s ANDA to the FDA.

WHEREAS, in this Litigation, Brand alleged that it would be irreparably

harmed if Generic is not enjoined from infringing or actively inducing or contributing to

infringement of one or more of claims 3, 4, 12, and 13 of the ’001 patent.

WHEREAS, in this Litigation, Brand requested that this Court enter a

permanent injunction enjoining Generic from infringing the ’001 patent.

WHEREAS, Brand and Generic have reached an agreement to finally

settle the Litigation as set forth in this Consent Judgment and Permanent Injunction as to

Generic, Inc. and a separate Settlement Agreement (“Settlement Agreement”) which is

contemporaneously and separately being executed.

WHEREAS, final settlement of the Litigation will help Brand and Generic

avoid the substantial uncertainty and risks involved with prolonged litigation.

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