“This matter is before the Court on the unopposed motion of Plaintiff Vanda Pharmaceuticals Inc.("V anda") and Defendant Inventia Healthcare Ltd. ("Inventia"). WHEREAS, Vanda owns United States Patent Nos. 8,586,610 ("the ‘610 patent") and 9,138,432 ("the ‘432 patent"). WHEREAS, Inventia submitted Abbreviated New Drug Application No. 207231 ("Inventia’s ANDA") to the FDA under 21 U.S.C. § 355G) seeking to obtain approval to commercially manufacture and sell generic iloperidone. WHEREAS, in these Actions, Vanda alleges that Inventia infringed one or more claims of the ‘610 patent and claim 1 of the ‘432 patent under 35 U.S.C. § 271(e)(2) by virtue oflnventia’s submission oflnventia’s ANDA to the FDA. Case 1:15-cv-00362-CFC Document 233 Filed 09/23/25 Page 1 of 4 PageID #: 1303 WHEREAS, in these Actions, Vanda alleges that it would be irreparably harmed if Inventia were not enjoined from infringing or actively inducing or contributing to infringement of one or more claims of the ‘610 patent and claim 1 of the ‘432 patent. WHEREAS, in these Actions, Vanda requested that this Court enter a permanent injunction enjoining Inventia from infringing the ‘610 and ‘432 patents. WHEREAS, in these Actions, Inventia has denied that the ‘610 patent and the ‘432 patent are valid, enforceable and infringed by the product described in Inventia’s ANDA. WHEREAS, Vanda and Inventia have reached an agreement to finally settle the Litigation as set forth in this Consent Judgment and Permanent Injunction as to Inventia and a separate License Agreement ("License Agreement"), which is contemporaneously and separately being executed. WHEREAS, final settlement of these Actions will help Vanda and Inventia avoid the substantial uncertainty and risks involved with prolonged litigation. WHEREAS, final settlement of these Actions will permit Vanda and Inventia to save litigation costs, as well as adhere to the judicially recognized mandate that encourages the settlement of litigation whenever possible. WHEREAS, final settlement of the Action serves the public interest by saving judicial resources and avoiding the risks to each of Vanda and Inventia associated with infringement. IT IS HEREBY ORDERED, DECREED, and ADJUDGED as follows: 1. The Court has jurisdiction over Vanda and Inventia and the subject matter of this Litigation. 2. Inventia acknowledges Vanda’s ownership and standing to sue for infringement of United States Patent Nos. 8,586,610 ("the ‘610 patent") and 9,138,432 ("the ‘432 patent"). 2 Case 1:15-cv-00362-CFC Document 233 Filed 09/23/25 Page 2 of 4 PageID #: 1304 3. Inventia acknowledges that in connection with, and for purposes of the settlement of, these Actions only, the ‘610 and ‘432 patents are valid and enforceable solely with respect to the generic iloperidone products that are the subject to Inventia’s ANDA, as described more fully and subject to the restrictions contained in the License Agreement. 4. Inventia acknowledges that in connection with, and for the purposes of the settlement of, these Actions only, it has infringed the ‘610 and ‘432 patents under 35 U.S.C. § 271(e)(2) with respect to the filing of Inventia’s ANDA with the FDA and that Vanda did not authorize the commercial manufacture, use, sale, offer for sale and importation of the product described in Inventia’s ANDA. 5. Inventia and its successors, assigns and affiliates are permanently enjoined as of the date hereof from infringing the ‘610 and ‘432 patents by the commercial manufacture, use, offer to sell, sale or importation of any generic iloperidone products that are the subject of Inventia’s ANDA that is not pursuant to a license granted by Vanda or otherwise exempt from infringement under 35 U.S.C. § 271(e)(l), and from inducing others to infringe or contributing to the infringement of the ‘610 and ‘432 patents by inducing others to manufacture, use, offer to sell, sale or import, or contributing to others’ manufacture, use, offer for sale, sale or importation of any generic iloperidone products that are the subject of Inventia’s ANDA that is not pursuant to a license granted by Vanda or otherwise exempt under 35 U.S.C. § 271(e)(l). 6. All claims and counterclaims in these Actions are hereby dismissed without prejudice. 7. Each party shall bear its own costs and attorneys’ fees.”