“WHEREAS, this action for patent infringement ("Action") was brought by Plaintiff Actelion Pharmaceuticals Ltd ("Actelion") against Defendant Gland Pharma Limited ("Gland," together with Actelion, "the Parties") for infringement of United States Patent No. 8,598,227 (the ‘227 patent); WHEREAS, Actelion currently markets in the United States, pursuant to New Drug Application No. 022260, epoprostenol sodium for injection, eq. 1.5 mg base/vial and eq. 0.5 mg base/vial, under the trade name VELETRI® (the "Veletri Product"); WHEREAS, Actelion’s commencement of the Action was based on its receipt of notice from Gland that it had filed with the United States Food and Drug Administration ("FDA") Abbreviated New Drug Application ("ANDA") No. 219237 (the "Gland ANDA") containing a "Paragraph IV certification" and seeking approval to engage in the commercial manufacture, use, offer for sale, and/or sale within the United States, and/or importation into the United States of generic versions of epoprostenol sodium for injection, eq. 1.5 mg base/vial and eq. 0.5 mg base/vial (the "Gland Product"), prior to the expiration of the ‘227 patent;WHEREAS, the Parties desire to avoid substantial litigation costs that would otherwise be incurred and conserve the parties’ and the Court’s resources by resolving the Action, and have agreed to resolve the Action for good and valuable consideration recognized by the parties; WHEREAS, the Parties have agreed to terminate the pending litigation by the entry of this Judgment and Order; and WHEREAS, Actelion and Gland now consent to this Judgment and Order. The Court, upon the consent and request of Actelion and Gland, and upon due consideration and for good cause shown, issues the following Consent Judgment and Dismissal Order. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: Subject matter jurisdiction, personal jurisdiction, and venue are all proper in this 1. Court. The submission of the Gland ANDA to the FDA for the purpose of obtaining regulatory approval to engage in the commercial manufacture, use, sale, offer for sale, and/or importation of the Gland Product within the United States prior to the expiration of the ‘227 Patent was a technical act of patent infringement with respect to one or more claims of the ‘227 Patent under 35 U.S.C. §271(e)(2)(A). The Asserted Claims are valid and enforceable for purposes of this litigation with respect to the manufacture, use, sale, offer for sale, and/or importation of the Gland Product within the United States. Except to the extent authorized in writing by Actelion, Gland and its affiliates are hereby enjoined from manufacturing, using, offering for sale, selling in the United States, or importing into the United States, the Gland Product until the expiration of the ‘227 Patent, including any patent term extensions and/or patent term adjustments, other than as recognized by the parties.Nothing in this Judgment and Order shall be construed as prohibiting Gland from maintaining and/or (e.g., in the case of a recertification pursuant to 21 C.F.R. § 314.96(d)) filing a "Paragraph IV Certification" pursuant to 21 U.S.C. § 355(j)(2)(A)(vii)(IV) or pursuant to 21 C.F.R. § 314.94(a)(12) with respect to the Gland ANDA and the ‘227 Patent. Nothing in this Judgment and Order shall be construed as restricting the FDA from granting final approval of the Gland ANDA. Nothing in this Judgment and Order shall be construed as restricting Gland’s ability to commercially manufacture, use, offer for sale, have offered for sale, sell, have sold and/or import, have imported into the United States the Gland Product before the expiration of the ‘227 Patent as authorized by Actelion. All claims, affirmative defenses, and counterclaims in this action are hereby dismissed without prejudice. Each party shall bear its own fees and costs in connection with this Action, including attorneys’ fees. The Parties agree that there will be no appeal from this Judgment and Order. 11. This Court shall retain jurisdiction of this action and over the Parties for purposes of enforcement of the provisions of this Judgment and Order.”