Sun Pharmaceutical Industries, Limited v. Eli Lilly and Company, No. 2:2007cv15087 - Document 98 (E.D. Mich. 2009)
Court Description: FINAL JUDGMENT under Rule 54(b) as to '826 Patent Claims and Counterclaims Only. Signed by District Judge George Caram Steeh. (MBea)
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Sun Pharmaceutical Industries, Limited v. Eli Lilly and Company Doc. 98 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SUN PHARMACEUTICALS INDUSTRIES LTD., Plaintiff, Case No. 07-CV-15087 HON. GEORGE CARAM STEEH vs. ELI LILLY AND COMPANY, Defendant. _____________________________/ FINAL JUDGMENT UNDER RULE 54(b) AS TO '826 PATENT CLAIMS AND COUNTERCLAIMS ONLY Pursuant to the court's order of even date granting defendant Eli Lilly's motion for entry of final judgment under Rule 54(b) on the claims and counterclaims involving Eli Lilly's U.S. Patent 5,464,826 ("'826 Patent"), and the court's August 17, 2009 Order granting plaintiff Sun Pharmaceuticals summary judgment on its claim that the '826 Patent is invalid under the doctrine of obvious-type double patenting and dismissing Eli Lilly's counterclaim of infringement of the '826 Patent, final judgment hereby enters in favor of Sun Pharmaceuticals and against Eli Lilly on Sun Pharmaceuticals' claim that the '826 patent is invalid, there being no just reason for delay. Eli Lilly's counterclaim that Sun Pharmaceuticals is infringing the '826 Patent is likewise hereby dismissed, there being no just reason for delay. Dated at Detroit , Michigan, October 29, 2009. DAVID J. WEAVER CLERK OF THE COURT BY: s/Josephine Chaffee DEPUTY COURT CLERK Dockets.Justia.com CERTIFICATE OF SERVICE Copies of this Judgment were served upon attorneys of record on October 29, 2009, by electronic and/or ordinary mail. s/Josephine Chaffee Deputy Clerk
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