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    Biogen Vs Aurobindo Tecfidera Settlement

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    TradeHawk
    This document is a stipulation and order of dismissal filed in the United States District Court for the District of Delaware regarding a patent infringement case between Biogen International GmbH, Biogen MA Inc. and Aurobindo Pharma U.S.A., Inc., Aurobindo Pharma Limited. The parties have settled their dispute through a settlement agreement. As part of the settlement, Aurobindo stipulates to the validity and infringement of Biogen's patent. All claims and defenses of Biogen are dismissed without prejudice, and all counterclaims and defenses of Aurobindo are dismissed with prejudice. The parties waive any right to appeal the dismissal order.

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    © All Rights Reserved
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    Biogen Vs Aurobindo Tecfidera Settlement

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    TradeHawk
    130 views3 pages
    This document is a stipulation and order of dismissal filed in the United States District Court for the District of Delaware regarding a patent infringement case between Biogen International GmbH, Biogen MA Inc. and Aurobindo Pharma U.S.A., Inc., Aurobindo Pharma Limited. The parties have settled their dispute through a settlement agreement. As part of the settlement, Aurobindo stipulates to the validity and infringement of Biogen's patent. All claims and defenses of Biogen are dismissed without prejudice, and all counterclaims and defenses of Aurobindo are dismissed with prejudice. The parties waive any right to appeal the dismissal order.

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    Biogen vs Aurobindo Tecfidera Settlement

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    Biogen vs Aurobindo Tecfidera Settlement

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    This document is a stipulation and order of dismissal filed in the United States District Court for the District of Delaware regarding a patent infringement case between Biogen International GmbH, Biogen MA Inc. and Aurobindo Pharma U.S.A., Inc., Aurobindo Pharma Limited. The parties have settled their dispute through a settlement agreement. As part of the settlement, Aurobindo stipulates to the validity and infringement of Biogen's patent. All claims and defenses of Biogen are dismissed without prejudice, and all counterclaims and defenses of Aurobindo are dismissed with prejudice. The parties waive any right to appeal the dismissal order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    130 views3 pages

    Biogen Vs Aurobindo Tecfidera Settlement

    Uploaded by

    TradeHawk
    This document is a stipulation and order of dismissal filed in the United States District Court for the District of Delaware regarding a patent infringement case between Biogen International GmbH, Biogen MA Inc. and Aurobindo Pharma U.S.A., Inc., Aurobindo Pharma Limited. The parties have settled their dispute through a settlement agreement. As part of the settlement, Aurobindo stipulates to the validity and infringement of Biogen's patent. All claims and defenses of Biogen are dismissed without prejudice, and all counterclaims and defenses of Aurobindo are dismissed with prejudice. The parties waive any right to appeal the dismissal order.

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    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF DELAWARE

    BIOGEN INTERNATIONAL GMBH )


    and BIOGEN MA INC., )
    ) C.A. No. 17-823-MN
    Plaintiffs, ) (CONSOLIDATED)
    )
    v. ) C.A. No. 17-824-MN
    )
    AMNEAL PHARMACEUTICALS LLC, et al., )
    )
    Defendants. )
    )

    STIPULATION AND ORDER OF DISMISSAL


    (Biogen International GmbH, et al. v. Aurobindo Pharma U.S.A., Inc., et al.)

    Pursuant to Rule 41(a)(1)(ii) and (c), Fed. R. Civ. P., Biogen International GmbH and

    Biogen MA Inc. (individually and collectively “Plaintiffs”) and Aurobindo Pharma U.S.A., Inc.

    and Aurobindo Pharma Limited, parent of now dissolved subsidiary and Defendant Aurobindo

    Pharma USA LLC (individually and collectively “Aurobindo”), having settled their disputes in

    Civil Action No. 18-824-MN (the “Aurobindo Action”) by a settlement agreement (the

    “Settlement Agreement”), stipulate and agree, through their respective counsel and subject to the

    Court’s approval, that all claims, counterclaims and defenses in the Aurobindo Action are

    dismissed as follows:

    1. Aurobindo stipulates to the validity and enforceability of U.S. Patent No.

    8,399,514.

    2. Aurobindo stipulates that U.S. Patent No. 8,399,514 would be infringed by any

    manufacture, sale, offer for sale, use or importation into the United States of the

    generic product that is the subject of Aurobindo’s Abbreviated New Drug

    Application (“ANDA”) No. 210385.


    3. All claims and defenses of Plaintiffs in the Aurobindo Action are dismissed

    without prejudice.

    4. All counterclaims and defenses of Aurobindo Action are dismissed with

    prejudice.

    The Plaintiffs and Aurobindo waive any right to appeal or otherwise move for relief from

    this Stipulation and Order of Dismissal.

    The Plaintiffs and Aurobindo stipulate that this Court has jurisdiction over them for the

    purposes of enforcing this Stipulation and Order of Dismissal and the terms of the Settlement

    Agreement.

    ORDER
    Accordingly, pursuant to the above Stipulation, and upon the consent and request of

    Plaintiffs and Aurobindo,

    IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

    1. All claims and defenses of Plaintiffs in the Aurobindo Action are dismissed

    without prejudice.

    2. All counterclaims and defenses of Aurobindo in the Aurobindo Action are

    dismissed with prejudice.

    3. The Plaintiffs and Aurobindo have waived any right to appeal or otherwise

    move for relief from this Stipulation and Order of Dismissal.

    4. This Court has jurisdiction over the Plaintiffs and Aurobindo for the purposes

    of enforcing this Stipulation and Order of Dismissal and the terms of the

    Settlement Agreement.

    2
    5. Each party will bear its own attorneys’ fees and costs.

    ASHBY & GEDDES CONNOLLY GALLAGHER LLP

    /s/ Steven J. Balick /s/ Arthur G. Connolly, III


    ___________________________________
    Steven J. Balick (#2114) Arthur G. Connolly, III (#2667)
    Andrew C. Mayo (#5207) 1201 Market Street
    500 Delaware Avenue, 8th Floor 20th Floor
    P.O. Box 1150 Wilmington, DE 19801
    Wilmington, Delaware 19899 (302) 757-7300
    (302) 654-1888 [email protected]
    [email protected]
    [email protected] Attorneys for Aurobindo Pharma U.S.A., Inc.
    and Aurobindo Pharma USA LLC
    Attorneys for Plaintiffs

    SO ORDERED, this WK day of November, 2019.

    7KH
    7KH+RQRUDEOH0DU\HOOHQ1RUHLND
    H +RQRRUDEOH0DU\HOOHQ1RUHLND
    United
    dSStates
    tates District Judge

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