“Accordingly, pursuant to the above Stipulation, and upon the consent and request of Plaintiffs and Sun, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The filing of ANDA 215804 was a technical act of infringement of each of the ‘983 Patent, the ‘572 Patent, the ‘351 Patent, and the ‘239 Patent under 35 U.S.C. § 271(e)(2)(A). 1 Plaintiffs also had asserted U.S. Patent Nos. 7,056,927 ("the ‘927 Patent") and 11,344,551 ("the ‘551 Patent") against Sun, however, all claims and defenses asserted by Plaintiffs and/or Sun related to the ‘927 Patent and the ‘551 Patent have been dismissed from the Action subject to the provisions of the Court’s March 5, 2024 Order. (D.I. 195). 2 Case 1:23-cv-00684-JLH Document 11-1 Filed 06/21/24 Page 3 of 4 PagelD #: 709 All other claims and defenses asserted by the parties against each other in Plaintiffs’ and Sun’s pleadings in the Action, including the allegations and averments contained therein are hereby dismissed, without prejudice. 3. 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 elagolix sodium oral tablet products (eq. 150 mg base, eq. 200 mg base) described by ANDA 215804 during the life of any of the ‘983 Patent, the ‘572 Patent, the ‘351 Patent, and the ‘239 Patent, including any extensions and pediatric exclusivities thereof, absent a license agreement or other authorization by Plaintiffs, unless all of the claims of the ‘983 Patent, the ‘572 Patent, the ‘351 Patent, and the ‘239 Patent are found invalid or unenforceable by a court decision 2. Sun, its officers, agents, servants, employees, and affiliates who receive actual 4. 5. from which no appeal has been or can be taken, other than a petition for a writ of certiorari to the U.S. Supreme Court. Plaintiffs and Sun each expressly waive any right to appeal or otherwise move for relief from this Stipulation And Order. This Court retains jurisdiction over Plaintiffs and Sun for purposes of enforcing this Stipulation And Order. This Stipulation And Order shall finally resolve the Action between Plaintiffs and 6. Sun. This Stipulation And Order is without prejudice to any claim, defense, or counterclaim in any possible future action between Sun and any of the Plaintiffs regarding any of the ‘983 Patent, the ‘572 Patent, the ‘351 Patent, and the ‘239 Patent, and a product other than generic elagolix sodium oral tablet products (eq. 150 mg base, eq. 200 mg base) described by ANDA 215804. The Clerk of the Court is directed to enter this Stipulation And Order forthwith in the Action”