Plaintiffs Boehringer Ingelheim Animal Health USA Inc. and Boehringer Ingelheim Vetmedica GmbH (collectively, "Boehringer"), and Defendants Cronus Pharma LLC and Cronus Phanna Specialties India Private Ltd. (collectively, "Cronus"), by their respective undersigned attorneys, hereby stipulate and consent to entry of judgment and injunction in this action as follows: Case 3:22-cv-05756-RK-RLS Document 43 Filed 07/25/23 Page 1 of 4 PageID: 338 IT IS this Q/5 day ofAJtUM-^—. 2023 HEREBY ORDERED, ADJUDGED AND DECREED that: 1. For purposes of this action only, this Court has jurisdiction over the subject matter of the above action and has personal jurisdiction over Boehringer and Cronus. 2. As used in this Consent Judgment and Order of Permanent Injunction, (i) the term "the Asserted Patents" means U.S. Patent Nos. 8,846,679, 8,846,680, and 8,859,554, which Cronus agrees are valid and enforceable, (ii) the term "Cronus ANADA Products" shall mean the products sold, offered for sale, or distributed pursuant to Abbreviated New Animal Dmg Application No. 200-728, and (iii) the term "Affiliate" shall mean any entity controlling, controlled by, or under common control with a Party, but only as long as such control continues, where "control" means: (1) the ownership of at least fifty percent (50%) of the equity or beneficial interest of such entity, or the right to vote for or appoint a majority of the board of directors or other governing body of such entity; or (2) the power to directly, or indirectly direct or cause the direction of the management and policies of such entity by any means whatsoever. 3. Except as specifically authorized by Boehringer, Cronus, including any of its successors and assigns, is enjoined from making, having made, using, selling, offering to sell, importing, or distributing the Cronus ANADA Products, on its own part or through any Affiliate, officer, agent, servant, employee or attorney, or through any person in concert or coordination with Cronus or its Affiliates, through and until the expiration of the Asserted Patents, including any patent term extension and/or patent term adjustment. IfBoehringer becomes entitled to any other regulatory exclusivities that are not referenced herein, Boehrmger may apply to the Court for modification of the injunction to incorporate such specified exclusivity. Case 3:22-cv-05756-RK-RLS Document 43 Filed 07/25/23 Page 2 of 4 PageID: 339 4. The Parties agree that, in the event of a violation of the terms of this Consent Judgment and Order of Permanent Injunction, jurisdiction and venue for an action to enforce performance under this Consent Judgment and Order of Permanent Injunction, including for a preliminary injunction against the breaching conduct, exists in this District Court, and the Parties hereby waive any and all defenses based on personal jurisdiction and venue. 5. Nothing in this Consent Judgment and Order of Permanent Injunction prohibits Cronus or its Affiliates from maintaining a Paragraph TV Certification to the Asserted Patents or prohibits PDA from granting final approval to Cronus's ANADA No. 200-728. 6. This Court retains jurisdiction to enforce or supervise performance under this Consent Judgment and Order of Permanent Injunction. 7. The Complaint and all remaining claims, counterclaims, or affirmative defenses in this action are dismissed without prejudice and without costs, disbursements, or attorneys' fees to any party.