“Merck Sharp & Dohme LLC (“Merck”), and Hetero Labs Limited, Hetero Labs Limited Unit-V, and Hetero USA, Inc. (collectively “Hetero”), the parties in the above-captioned action, have agreed to resolve this action for good cause. Now the parties, by their respective undersigned attorneys, hereby stipulate and consent to entry of judgment and an injunction in the action, as follows: IT IS this _____ day of _____________________, 2024: ORDERED, ADJUDGED, AND DECREED as follows: 20th November Case 2:22-cv-06820-ES-CLW Document 82 Filed 11/20/24 Page 1 of 3 PageID: 787 1. This District Court has jurisdiction over the subject matter of the above action and has personal jurisdiction over the parties. 2. As used in this Consent Judgment, (i) the term “Hetero Product” shall mean the drug product sold, offered for sale, or distributed pursuant to Abbreviated New Drug Application No. 217747 as agreed by the parties; (ii) the term “Licensed Patents” shall mean United States Patent Numbers 8,486,975, 10,603,282, and 10,842,751; and (iii) the term “Affiliate” shall mean any entity or person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Hetero; for purposes of this definition, “control” means (a) ownership, directly or through one or more intermediaries, of (1) more than fifty percent (50%) of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or (2) more than fifty percent (50%) of the equity interests in the case of any other type of legal entity or status as a general partner in any partnership, or (b) any other arrangement whereby an entity or person has the right to elect a majority of the Board of Directors or equivalent governing body of a corporation or other entity or the right to direct the management and policies of a corporation or other entity. 3. For purposes of this action only, the Licensed Patents are valid and enforceable. 4. For purposes of this action only, the Hetero Product infringes the Licensed Patents. 5. Unless otherwise specifically agreed between the parties, Hetero, including any of its Affiliates, successors, and assigns, is enjoined from infringing the Licensed Patents, on its own part or through any Affiliate, by making, having made, using, selling, offering to sell, importing, or distributing of the Hetero Product in the United States. Case 2:22-cv-06820-ES-CLW Document 82 Filed 11/20/24 Page 2 of 3 PageID: 788 6. Compliance with this Consent Judgment may be enforced by Merck and its successors in interest, or assigns. 7. This District Court retains jurisdiction to enforce or supervise performance under this Consent Judgment. 8. All claims, counterclaims, affirmative defenses, and demands in this action are hereby dismissed with prejudice and without costs, disbursements, or attorneys’ fees to any party. We hereby consent to the form and entry of this Order:”