“This stipulation (“Stipulation”) is made by and between Plaintiffs AbbVie Inc., AbbVie Ltd, and Neurocrine Biosciences, Inc. (collectively, “Plaintiffs”) and Defendants Hetero Labs Limited, Hetero Labs Limited Unit-V, and Hetero USA Inc. (collectively, “Hetero”) (Plaintiffs and Hetero collectively as “parties” and individually each as “party”): WHEREAS, U.S. Patent No. 12,102,637 (“the ’637 patent”) was listed in the Orange Book on October 29, 2024, for ORILISSA®; WHEREAS, Plaintiffs brought in this Court the above-captioned action against Hetero alleging infringement of Plaintiffs’ ’637 patent based on Hetero’s submission of Abbreviated New Drug Application (“ANDA”) No. 217690; WHEREAS, Plaintiffs covenant that they will not assert that any claim of the ’637 patent is infringed by the generic version of ORILISSA®, elagolix sodium oral tablets (eq. 150 mg base and eq. 200 mg base), in Hetero’s ANDA No. 217690 as that ANDA existed on July 1, 2025, including any supplements or amendments thereto that are consistent with the definition in Paragraph 1 below;WHEREAS, Hetero filed a motion seeking leave to file a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) for which the parties have completed briefing (see D.I. 24, 33, and 34); WHEREAS, the parties seek to minimize the burden on the Court and ensure the just, speedy, and inexpensive determination of their present dispute; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, by and through their undersigned counsel, and subject to approval of the Court, that: 1. Plaintiffs hereby stipulate and covenant for themselves and their successors-ininterest not to sue Hetero for infringement of any claim of the ’637 patent with respect to Hetero’s ANDA No. 217690 and the generic elagolix sodium (150 mg. eq., 200 mg. eq.) products currently described therein, including any future amendments or supplements thereto so long as such amendments or supplements thereto do not change the active ingredient, formulation, route of administration, dosage form, dosage strength, indication, reference listed drug, or AB rating of any generic elagolix sodium (150 mg. eq., 200 mg. eq.) product defined by said ANDA after the date this Stipulation is entered into (the foregoing altogether, “HETERO ANDA”). 2. All claims, defenses, and counterclaims regarding the ’637 patent brought in this action by Plaintiffs and Hetero relating to the generic elagolix sodium described in the HETERO ANDA are dismissed with prejudice. 3. Nothing in this Stipulation shall impact FDA approval of Hetero’s ANDA No. 217690. 4. This Stipulation is without any prejudice to any claim, defense, or counterclaim in any possible future action between Hetero and Plaintiffs regarding the ’637 patent and a product other than the generic elagolix sodium described in the HETERO ANDA. 5. This Stipulation shall have no relevance and shall not be admissible in any other proceeding including C.A. No. 22-1423-JLH. 6. Any judgment entered in C.A. No. 22-1423-JLH concerning willful infringement, enhanced damages under 35 U.S.C. § 284, exceptional case under 35 U.S.C. § 285, or costs under 28 U.S.C. § 1920 shall not be entered in this action. 7. Both parties have agreed to waive any claim for attorneys’ fees and/or costs against the other in this action. 8. The obligations imposed on Plaintiffs and Hetero by this Stipulation shall be binding upon Plaintiffs and Hetero and their respective parents, subsidiaries, affiliates and successors, including any successor-in-interest to Hetero. 9. This Stipulation grants no rights to Hetero under any patents or other proprietary rights.”