“The Court, upon the consent and request of Plaintiffs Allergan Pharmaceuticals International Limited and AbbVie Inc. (collectively, “Plaintiffs”) and Defendants Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc., (collectively, “Macleods”), 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 Macleods for purposes of the Action. 2. Venue is proper in this Court as to Plaintiffs and Macleods for the Action. 3. Plaintiffs have asserted claims against Macleods for infringement of U.S. Patent No. 7,994,220 (“the ’220 patent) in connection with Macleods’ submission of Abbreviated New Drug Application (“ANDA”) No. 210944 directed to generic milnacipran hydrochloride tablets, 12.5 mg, 25 mg, 50 mg, and 100 mg strengths, to the U.S. Food and Drug Administration (“FDA”). Case 1:24-cv-00847-MN Document 16 Filed 01/10/25 Page 1 of 3 PageID #: 60 2 4. Macleods admits that the ’220 patent is enforceable, valid, and would be infringed by the commercial manufacture, use, and/or sale within the United States of the generic milnacipran hydrochloride tablets, 12.5 mg, 25 mg, 50 mg, and 100 mg strengths, that are the subject of Macleods’ ANDA No. 210944. 5. Macleods admits that the submission of ANDA No. 210944 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 milnacipran hydrochloride tablets, 12.5 mg, 25 mg, 50 mg, and 100 mg strengths, was an act of infringement of the ’220 patent under 35 U.S.C. § 271(e)(2)(A). 6. The parties agree that all other claims, counterclaims, and defenses asserted against each other in Plaintiffs’ and Macleods’ pleadings in the Action, including the allegations and averments contained therein, should be dismissed, without prejudice. ORDER Accordingly, pursuant to the above Stipulation, and upon the consent and request of Plaintiffs and Macleods, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The filing of ANDA No. 210944 was an act of infringement of the ’220 patent under 35 U.S.C. § 271(e)(2)(A). 2. All other claims, counterclaims, and defenses asserted by the parties against each other in Plaintiffs’ and Macleods’ pleadings in the Action, including the allegations and averments contained therein are hereby dismissed, without prejudice. 3. Macleods, 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 Case 1:24-cv-00847-MN Document 16 Filed 01/10/25 Page 2 of 3 PageID #: 61 3 milnacipran hydrochloride tablets, 12.5 mg, 25 mg, 50 mg, and 100 mg strengths, described by ANDA No. 210944 during the life of the ’220 patent, including any extensions and pediatric exclusivities thereof, absent a license agreement or other authorization by Plaintiffs. 4. Plaintiffs and Macleods each expressly waive any right to appeal or otherwise move for relief from this Stipulation And Order. 5. This Court retains jurisdiction over Plaintiffs and Macleods for purposes of enforcing this Stipulation And Order. 6. This Stipulation And Order shall finally resolve the Action between the Parties. 7. This Stipulation And Order is without prejudice to any claim, defense, or counterclaim in any possible future action between Macleods and any of the Plaintiffs regarding the ’220 patent, and a product other than the generic milnacipran hydrochloride tablets, 12.5 mg, 25 mg, 50 mg, and 100 mg strengths, described by ANDA No. 210944. 8. The Clerk of the Court is directed to enter this Stipulation And Order forthwith in the Action”