“WHEREAS Plaintiffs Boehringer Ingelheim International GmbH, Boehringer Ingelheim Corporation and Boehringer Ingelheim Pharmaceuticals, Inc. (collectively, "Boehringer") and Defendants Sun Pharmaceutical Industries Limited ("Sun Ltd.") and Sun Pharmaceutical Industries, Inc., ("Sun Inc.") (Sun Ltd. and Sun Inc., collectively, "Sun") have agreed to terms and conditions representing a negotiated resolution of Civil Action Nos. 18-1765-CFC (D. Del.) and 19-1500-CFC (D. Del.), which have been consolidated with Civil Action No. 18-1689-CFC (D. Del.); as well as Civil Action Nos. 20-1153-CFC (D. Del.), 20-1585-CFC (D. Del.), and 21-356-CFC (D. Del.), which have been consolidated into Civil Action No. 20-1153-CFC (D. Del.); as well as Civil Action Nos. 21-1487-CFC (D. Del.) and 21-1573-CFC (D. Del.), which have been consolidated with Civil Action No. 21-1485-CFC (D. Del.); WHEREAS the following definitions shall apply to this Consent Judgment: (i) "the ‘938 Patent" means U.S. Patent No. 7,713,938; (ii) "the ‘957 Patent" means U.S. Patent No. 8,551,957; (iii) "the ‘998 Patent" means U.S. Patent No. 9,949,998; (iv) "the ‘637 Patent" means U.S. Patent No. 10,258,637; (v) "the ‘705 Patent" means U.S. Patent No. 9,155,705; 2 Case 1:18-cv-01765-CFC-SRF Document 23 Filed 07/30/25 Page 2 of 7 PageID #: 255 (vi) "the ‘016 Patent" means U.S. Patent No. 9,415,016; (vii) "the ‘379 Patent" means U.S. Patent No. 10,022,379; (viii) "the’ 172 Patent" means U.S. Patent No. 10,406,172; (ix) "the ‘120 Patent" means U.S. Patent No. 10,596,120; (x) "the ‘449 Patent" means U.S. Patent No. 7,579,449; (xi) "the ‘323 patent" means U.S. Patent No. 11,090,323; (xii) "Sun ANDA Products" means the products described in Abbreviated New Drug Application Nos. 212343, 212339, 214843, 215873, and 215529, including 10 mg and 25 mg empagliflozin tablets as generic versions of J ardiance, 10 mg/5 mg and 25 mg/5 mg empagliflozin/linagliptin tablets as generic versions of Glyxambi, 5 mg/2.5 mg/1000 mg, 10 mg/5 mg/1000 mg, 12.5 mg/2.5 mg/1000 mg, and 25 mg/5 mg/ 1000 mg empagliflozin/linagliptin/metformin hydrochloride extended-release tablets as generic versions of Trijardy XR, 5 mg/I 000 mg, 5 mg/500 mg, 12.5 mg/1000 mg, and 12.5 mg/500 mg empagliflozin/metformin hydrochloride tablets as generic versions of Synjardy, and 5 mg/1000 mg, 10 mg/1000 mg, 12.5 mg/1000 mg, and 25 mg/1000 mg empagliflozin/metformin hydrochloride extended-release tablets as generic versions of Synjardy XR as existing on the date of this Consent Judgment, and as amended or supplemented from time to time in the ordinary course of business; and 3 Case 1:18-cv-01765-CFC-SRF Document 23 Filed 07/30/25 Page 3 of 7 PageID #: 256 (xiii) "Affiliate" means any entity controlling, controlled by, or under common control with a Party, but only as long as such control continues, where "control" means: (a) the ownership of more than 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 (b) the power to directly or indirectly direct or cause the direction of the management and policies of such entity by any means whatsoever. The parties, by their respective undersigned attorneys, hereby stipulate and consent to entry of judgment in this action as follows: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over the subject matter of this action and has personal jurisdiction over the parties. 2. The ‘938, ‘957, ‘998 ‘637, ‘705, ‘O 16, ‘379, ‘172, ‘120, ‘449, and ‘323 patents are valid, enforceable, and infringed by the Sun ANDA Products. Notwithstanding the above, nothing precludes Sun from challenging the validity, enforceability, and/or infringement of the ‘938, ‘957, ‘998 ‘637, ‘705, ‘016, ‘379, ‘172, ‘120, ‘449, and ‘323 patents in connection with a product other than a product described in ANDA Nos. 212343, 212339, 214843, 215873, and 215529. 3. Unless specifically authorized or otherwise modified between the parties, Sun, including any of its successors and assigns, is enjoined from making, 4 Case 1:18-cv-01765-CFC-SRF Document 23 Filed 07/30/25 Page 4 of 7 PageID #: 257 having made, using, selling, offering to sell, importing or distributing the Sun ANDA Products in the United States, on its own or through any Affiliate, officer, agent, servant, employee or attorney, or through any person in concert or coordination with Sun or its Affiliates, through and until the expiration of the ‘938, ‘957, ‘998, ‘637, ‘705, ‘016, ‘379, ‘172, ‘120, ‘449, and ‘323 patents, including any patent term extension, patent term adjustment, or pediatric exclusivity. If Boehringer becomes entitled to any other regulatory exclusivities that are not referenced herein, Boehringer may apply to the Court for modification of the consent judgment to incorporate such specified exclusivity. 4. This Court retains jurisdiction to enforce performance under this Consent Judgment and any related agreement(s). The Parties agree that, in the event of violation of the terms of this Consent Judgment or any related agreement(s), this Court has personal jurisdiction over the parties and venue for an action to enforce performance under this Consent Judgment, including for a preliminary injunction against the breaching conduct and the Parties hereby waive any and all defenses based on lack of personal jurisdiction or venue. 5. The Complaints in Civil Action Nos. 18-1765-CFC (D. Del.) and 19- 1500-CFC (D. Del.), which have been consolidated with Civil Action No. 18-1689- CFC (D. Del.), and all remaining claims, counterclaims, or affirmative defenses in 5 Case 1:18-cv-01765-CFC-SRF Document 23 Filed 07/30/25 Page 5 of 7 PageID #: 258 these actions, are dismissed without prejudice and without costs, disbursements, or attorneys’ fees to any party. 6. The Complaints in Civil Action Nos. 20-1153-CFC (D. Del.), 20-1585- CFC (D. Del.), and 21-356-CFC (D. Del.), which have been consolidated into Civil Action No. 20-1153-CFC (D. Del.), and all remaining claims, counterclaims, or affirmative defenses in these actions, are dismissed without prejudice and without costs, disbursements, or attorneys’ fees to any party. 7. The Complaints in Civil Action Nos. 21-1487-CFC (D. Del.) and 21- 1573-CFC (D. Del.), which have been consolidated with Civil Action No. 21-1485- CFC (D. Del.), and all remaining claims, counterclaims, or affirmative defenses in these actions, are dismissed without prejudice and without costs, disbursements, or attorneys’ fees to any party.”