“The Court, upon the consent and request of Plaintiffs AbbVie Inc., Allergan, Inc., Allergan Sales, LLC, and Johnson & Johnson Vision Care Inc., (collectively, “Plaintiffs”) and Defendants Alembic Pharmaceuticals Limited and Alembic Pharmaceuticals, Inc. (collectively “Alembic” or “Defendants”), hereby acknowledges the following Stipulation and issues the following Order in the above-captioned action. STIPULATION 1. This Court has subject matter jurisdiction over this patent infringement action (the “Action”) and personal jurisdiction over Plaintiffs and Alembic for purposes of the Action. Venue is proper in this Court as to Plaintiffs and Alembic for the Action. 2. In the Action, Plaintiffs have asserted claims against Alembic for infringement of U.S. Patent Nos. 8,664,215 (the “’215 patent”) and 10,617,695 (the “’695 patent”) (collectively, the “Patents-in-Suit”) in connection with Alembic’s submission of Abbreviated New Drug Application (“ANDA”) 209290 directed to a generic alcaftadine ophthalmic solution 0.25% product to the U.S. Food and Drug Administration (“FDA”). Case 1:24-cv-00405-SB Document 14 Filed 05/13/24 Page 1 of 3 PageID #: 78 2 3. Alembic admits that the ’215 Patent and the ’695 Patent are enforceable, valid, and would be infringed by the commercial manufacture, use, and/or sale within the United States of the generic alcaftadine ophthalmic solution 0.25% product that are the subject of Alembic’s ANDA 209290. 4. Alembic admits that the submission of ANDA 209290 to the FDA for purposes of obtaining regulatory approval to engage in the commercial manufacture, use, and/or sale within the United States of the generic alcaftadine ophthalmic solution 0.25% product was an act of infringement of the ’215 Patent and the ’695 Patent under 35 U.S.C. § 271(e)(2)(A). 5. The parties agree that all other claims should be dismissed, without prejudice. ORDER Accordingly, pursuant to the above Stipulation, and upon the consent and request of Plaintiffs and Alembic, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The filing of ANDA 209290 was a technical act of infringement of the ’215 Patent, and the ’695 Patent under 35 U.S.C. § 271(e)(2)(A). 2. All other claims are hereby dismissed, without prejudice. 3. Alembic, its officers, agents, servants, employees, and attorneys, and all other persons in active concert or participation with any of them who receive actual notice of this Order by personal service or otherwise, are hereby enjoined from manufacturing, using, offering to sell, or selling within the United States, or importing into the United States, the generic alcaftadine ophthalmic solution 0.25% product described by ANDA 209290 during the life of the ’215 Patent, and the ’695 Patent including any extensions and pediatric exclusivities thereof, absent a license agreement or other authorization by Plaintiffs. 4. Plaintiffs and Alembic each expressly waive any right to appeal or otherwise move for relief from this Stipulation And Order. Case 1:24-cv-00405-SB Document 14 Filed 05/13/24 Page 2 of 3 PageID #: 79 3 5. This Court retains jurisdiction over Plaintiffs and Alembic for purposes of enforcing this Stipulation And Order. 6. This Stipulation And Order shall finally resolve the Action between Plaintiffs and Alembic. 7. This Stipulation And Order is without prejudice to any claim, defense, or counterclaim in any possible future action between Alembic and any of the Plaintiffs regarding the ’215 Patent and the ’695 Patent and a product other than a generic alcaftadine ophthalmic solution 0.25% product described by ANDA 209290 . 8. The Clerk of the Court is directed to enter this Stipulation And Order forthwith in the Action.”