Takeda Pharmaceutical Co., Ltd. et al v. Anchen Pharmaceuticals, Inc., No. 3:2011cv01609 - Document 335 (N.D. Cal. 2013)

Court Description: FINAL JUDGMENT as to TWI. Judgment in favor of Plaintiff as to the '282 Patent against TWI. Judgment in favor of TWI against Takeda on '755 Patent. Signed by Judge Joseph C. Spero on 11/01/13. (klhS, COURT STAFF) (Filed on 11/1/2013)

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Takeda Pharmaceutical Co., Ltd. et al v. Anchen Pharmaceuticals, Inc. Doc. 335 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS NORTH 11 AMERICA, INC., TAKEDA PHARMACEUTICALS LLC, AND TAKEDA 12 PHARMACEUTICALS AMERICA, INC., Plaintiffs, 13 14 vs. Case No. 3:11-cv-01609 JCS [PROPOSED] FINAL JUDGMENT AS TO TWI PHARMACEUTICALS, INC. Judge: Hon. Joseph C. Spero Courtroom G, 15th Floor Related Cases: 3:11-cv-00840 (JCS) 3:11-cv-01610 (JCS) 15 TWI PHARMACEUTICALS, INC., 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 3:11-cv-1609 JCS [PROPOSED] FINAL JUDGMENT AS TO TWI Dockets.Justia.com 1 This action having come before the Court for a bench trial from June 5 to June 12, 2013; 2 the issues having been heard and a decision having been rendered: 3 IT IS HEREBY ORDERED AND ADJUDGED this ___ day of __________, 2013, for 1st November 4 the reasons set forth in the Court’s Findings of Fact and Conclusions of Law [D.N. 330] dated 5 October 17, 2013, that Judgment shall be entered in favor of Plaintiffs Takeda Pharmaceuticals 6 Co., Ltd., Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals LLC, and 7 Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”), and against Defendant TWi 8 Pharmaceuticals, Inc. (“TWi”), on Takeda’s claim that TWi’s proposed products described in 9 Abbreviated New Drug Application (“ANDA”) No. 202-666 infringe asserted claims 1 and 2 of 10 U.S. Patent No. 7,737,282 (“the ’282 Patent”) pursuant to 35 U.S.C. § 271(e)(2); and it is further, 11 ORDERED AND ADJUDGED that the asserted claims of the ’282 Patent are valid and 12 enforceable, and that Judgment shall be entered in favor of Takeda and against TWi on all 13 counterclaims and defenses alleging noninfringement, invalidity, or unenforceability of the’282 14 Patent; and it is further, 15 ORDERED AND ADJUDGED that the Court declines to exercise jurisdiction of 16 Takeda’s declaratory judgment claim against TWi pursuant to 35 U.S.C. § 271(a); and it is further, 17 ORDERED AND ADJUDGED, pursuant to the Court’s Order Re Summary Judgment 18 [D.N. 235] dated April 8, 2013, that Judgment shall be entered in favor of TWi and against Takeda 19 on Takeda’s claim that TWi’s proposed products described in ANDA No. 202-666 infringe 20 asserted claims 2 and 4 of U.S. Patent No. 7,790,755 (“the ’755 Patent”); and it is further, 21 ORDERED AND ADJUDGED that Judgment shall be entered in favor of TWi and 22 against Takeda on TWi’s counterclaim alleging noninfringement of asserted claims 2 and 4 of the 23 ’755 patent, and that all counterclaims and defenses alleging invalidity and unenforceability of the 24 ’755 Patent are moot; and it is further, 25 ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any approval 26 by the United States Food and Drug Administration of TWi’s proposed products described in 27 ANDA No. 202-666 shall be a date that is not earlier than the date of expiration of the ’282 Patent 28 (currently, June 15, 2020); and it is further, 1 [PROPOSED] FINAL JUDGMENT AS TO TWI CASE NO. 3:11-cv-1609 JCS 1 ORDERED that, pursuant to Civil L.R. 54-1, costs shall be awarded to Takeda. JCS 2 S LI H ER 8 9 R NIA Spero FO seph C. Judge Jo RT 7 NO 6 ______________________________________ THE HONORABLE JOSEPH C. SPERO United States Magistrate Judge A 5 RT U O 4 11/01 DATED: ________________, 2013 ISTRIC ES D TC AT T UNIT ED 3 N F D IS T IC T O R C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] FINAL JUDGMENT AS TO TWI CASE NO. 3:11-cv-1609 JCS 1 Presented by, 2 DATED: October 25, 2013 MUNGER, TOLLES & OLSON LLP 3 4 By: 5 6 7 8 9 10 11 12 TINA W. ARROYO (State Bar No. 272757) tina.arroyo@mto.com MUNGER, TOLLES & OLSON LLP 560 Mission Street San Francisco, California 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Plaintiffs TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS NORTH AMERICA, INC., TAKEDA PHARMACEUTICALS LLC, AND TAKEDA PHARMACEUTICALS AMERICA, INC. 13 14 15 16 17 18 19 /s/ Heather E. Takahashi JEFFREY I. WEINBERGER (SBN 056214) jeffrey.weinberger@mto.com TED G. DANE (SBN 143195) ted.dane@mto.com HEATHER E. TAKAHASHI (SBN 245845) heather.takahashi@mto.com RYAN N. HAGGLUND (pro hac vice) ryan.hagglund@mto.com MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 21943711 20 21 22 23 24 25 26 27 28 3 [PROPOSED] FINAL JUDGMENT AS TO TWI CASE NO. 3:11-cv-1609 JCS

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