“WHEREAS Defendants Lupin Limited, Lupin Pharmaceuticals, Inc., MSN Laboratories Private Ltd., MSN Life Sciences Private Ltd., and MSN Pharmaceuticals Inc. (collectively, the “Lupin Defendants”) filed an Abbreviated New Drug Application (“ANDA”) seeking FDA approval to market a generic version of Janssen Products, L.P.’s SYMTUZA® product; Case 1:22-cv-01399-MN Document 38 Filed 06/26/23 Page 1 of 5 PageID #: 363 2 WHEREAS, Plaintiffs Gilead Sciences, Inc., Gilead Sciences Ireland UC, Janssen Products, L.P., Janssen Sciences Ireland Unlimited Company (collectively, “Plaintiffs”) filed a patent infringement suit against the Lupin Defendants on November 16, 2021 (C.A. No. 21-1621- MN) and a second infringement suit against the Lupin Defendants on May 9, 2023 (C.A. No. 23- 508-MN, together with C.A. No. 21-1621-MN, the “Lupin Actions”), which the Court consolidated on May 22, 2023 (C.A. No. 21-1621-MN, D.I. 123); WHEREAS Defendants Apotex Inc. and Apotex Corp. (collectively, the “Apotex Defendants”) filed an ANDA seeking FDA approval to market a generic version of Janssen Products, L.P.’s SYMTUZA® product; WHEREAS, Plaintiffs filed a patent infringement suit against the Apotex Defendants on October 25, 2022 (C.A. No. 22-1399-MN, the “Apotex Action”); WHEREAS, the Court set a bench trial in the Apotex Action for August 5, 2024, and ordered Plaintiffs and the Apotex Defendants to submit a proposed scheduling order by June 8, 2023 (C.A. No. 22-1399-MN, D.I. 28); WHEREAS, Plaintiffs have asserted U.S. Patent No. 10,039,718 (“the ’718 patent”) in both the Lupin Actions and the Apotex Action; WHEREAS, the Lupin Actions and the Apotex Action involve the same factual and legal issues relating to the ’718 patent; WHEREAS, Plaintiffs and the Apotex Defendants agree that the trial date in C.A. No. 22- 1399-MN should be vacated, and all parties agree, subject to the Court’s approval, that the Lupin Actions and the Apotex Action should be consolidated and proceed according to the schedule entered in the Lupin Actions (C.A. No. 21-1621-MN, D.I. 123); and Case 1:22-cv-01399-MN Document 38 Filed 06/26/23 Page 2 of 5 PageID #: 364 3 1. The Lupin Actions and the Apotex Action are consolidated for all purposes; 2. All papers shall be filed in the lead action, C.A. No. 21-1621-MN; 3. The trial date in C.A. No. 22-1399-MN is vacated; 4. The Lupin Actions and the Apotex Action shall proceed according to the schedule entered in the Lupin Actions (C.A. No. 21-1621-MN, D.I. 123), subject to the following additions and/or modifications: a) Plaintiffs and the Apotex Defendants shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) by June 23, 2023; b) Defendants shall serve any Supplemental Final Invalidity Contentions with respect to the ’718 patent by July 7, 2023; Defendants agree that any Supplemental Final Invalidity Contentions with respect to the ’718 patent will be limited to alleging invalidity under 35 U.S.C. §§ 103 or 112 (written description); Plaintiffs shall be permitted to respond to such Supplemental Final Invalidity Contentions in their Opening or Rebuttal Expert Reports, as applicable; c) In addition to the production required by paragraph 8 of the Stipulation of Infringement and Order in the Apotex Action (22-cv-01399, D.I. 20), the Apotex Defendants shall produce to Plaintiffs any and all supplements, amendments or replacements to their ANDA, and any and all correspondence to or from FDA WHEREAS, all parties hereby certify that they have received approval to submit this stipulation and proposed order from their respective clients; NOW THEREFORE, it is hereby stipulated by the parties, subject to the approval of the Court, that: Case 1:22-cv-01399-MN Document 38 Filed 06/26/23 Page 3 of 5 PageID #: 365 4 regarding the same; Apotex agrees that any additional fact discovery that it seeks will be non-duplicative and narrowly tailored to the issues in the case; 5. Any fact discovery served by or on the Apotex Defendants shall not count towards the limitations on discovery served by or on the Lupin Defendants; 6. Plaintiffs may disclose, summarize, describe, reveal, or otherwise make available, in whole or in part, any confidential information provided by one defendant to the outside counsel of record or experts of another defendant concerning the ’718 patent, or as otherwise agreed by the parties; and 7. The Stipulation of Infringement and Order in C.A. No. 21-cv-1621 (D.I. 61) and the Stipulation of Infringement and Order in the Apotex Action (22-cv-01399, D.I. 20) shall apply in this consolidated action with respect to the ’718 patent, as if entered here”