Joseph R. Robinson (Pro Hac Vice), Heather Morehouse Ettinger (Pro Hac Vice), TROUTMAN SANDERS LLP, New York, NY, Matthew D. Murphey (194111), TROUTMAN SANDERS LLP, Irvine, CA, Attorneys for Plaintiffs and Counter-Defendants, SHIRE LLC and SUPERNUS PHARMACEUTICALS, INC.
Scott R. Raber (SBN 194924), RIMON, P.C., San Francisco, California, John L. North (Pro Hac Vice), Jeffrey J. Toney (Pro Hac Vice), Laura Fahey Fritts (Pro Hac Vice), Jonathan D. Olinger (Pro Hac Vice), KASOWITZ, BENSON, TORRES & FRIEDMAN LLP, Atlanta, Georgia, Norman E.B. Minnear (Pro Hac Vice), KASOWITZ, BENSON, TORRES & FRIEDMAN LLP, New York, New York, Attorneys for Defendants and Counter-Plaintiffs, WATSON PHARMACEUTICALS, INC., WATSON, LABORATORIES, INC.-FLORIDA, WATSON PHARMA, INC., and ANDA, INC.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP, Laura Fahey Fritts, Attorneys for Defendants and Counter-Plaintiffs WATSON PHARMACEUTICALS, INC., WATSON LABORATORIES, INC.-FLORIDA, WATSON PHARMA, INC., and ANDA, INC.
JUDGMENT AND ORDER OF PERMANENT INJUNCTION
RICHARD SEEBORG, District Judge.
This action for patent infringement having been brought by Plaintiffs Shire LLC ("Shire") and Supernus Pharmaceuticals, Inc. ("Supernus" and collectively with Shire, the "Plaintiffs") against Defendants Watson Pharmaceuticals, Inc., Watson Laboratories, Inc.-Florida, Watson Pharma, Inc., and Anda, Inc. (collectively, "Defendants") for infringement of United States Patent Nos. 6, 287, 599 and 6, 811, 794 ("the '599 Patent" and "the '794 Patent" respectively, and collectively the "Shire Patents") and U.S. Patent No. 5, 854, 290 ("the '290 Patent");
Defendants and Plaintiffs have entered into a Settlement Agreement (the "Settlement Agreement") and Shire and Defendants have entered into a License Agreement (the "License Agreement"), under which Shire has granted Defendants a license to the Shire Patents (the "License"), pursuant to the terms and conditions in the Settlement Agreement and License Agreement;
Shire currently markets in the United States pursuant to New Drug Application No. 22-037 an extended-release tablet containing guanfacine hydrochloride for the treatment of attention deficit hyperactivity disorder, all strengths of which Shire currently sells under the trade name Intuniv (the "Intuniv Product");
Defendants filed or caused to be filed Abbreviated New Drug Application ("ANDA") No. 202110 (the "Watson ANDA") containing a "paragraph IV certification" with respect to the Shire Patents and seeking FDA approval to sell, offer for sale, use and/or import into the United States a product under or described in the Watson ANDA (the "Watson Product");
Defendants acknowledge that all the claims in the Shire Patents are valid and enforceable with respect to the Watson Product;
The Parties have agreed to terminate the pending litigation by the entry of this Judgment and Order; and
Plaintiffs and Defendants now consent to this Judgment and Order.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the parties and subject matter of this action.
2. Defendants admit that the Shire Patents are valid and enforceable with ...