“Plaintiffs Vitaworks IP, LLC and Vitaworks, LLC (collectively, “Vitaworks” or “Plaintiffs”) and Defendants Glanbia Nutritionals (NA), Inc. (“Glanbia”), Prinova USA LLC (“Prinova”), and Qianjiang Yongan Pharmaceutical Co. Ltd. (“QYP”) (collectively, “Defendants”), by and through their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, to entry of final judgment as follows:1. Plaintiffs and Defendants stipulate and hereby agree to the entry of this final judgment that QYP’s accused processes and products have not directly or indirectly infringed and do not directly or indirectly infringe any claim of U.S. Patent Nos. 9,745,258, 9,815,778, or 9,926,265. Pursuant to the Court’s sanctions rulings (D.I. 299, 308), Plaintiffs cannot seek a presumption of infringement under 35 U.S.C. § 295. Plaintiffs have concluded that, based on the present record and in light of the Court’s sanctions, Plaintiffs cannot establish that any Defendant has directly or indirectly infringed any claim of U.S. Patent Nos. 9,745,258, 9,815,778, or 9,926,265 and accordingly agree to the entry of judgment of non-infringement in favor of Defendants. 2. Based on the above, judgment is entered against Plaintiffs and in favor of Defendants for non-infringement with respect to Counts I, II, and III of the above-captioned actions set forth in the operative Amended Complaints. 1 3. Judgment is further entered against Plaintiffs and in favor of Defendants with respect to Counts IV and V of the above-captioned actions as set forth in the operative Amended Complaints, consistent with the June 9, 2023 Stipulation and Order of Noninfringement of U.S. Patent Nos. 10,040,755 and 10,961,183, D.I. 250 (“June 9 Order”). 4. The parties stipulate and agree that this judgment shall constitute a final judgment on the merits against Plaintiffs and in favor of Defendants for the purposes of res judicata, collateral estoppel, issue preclusion, claim preclusion, and the Kessler doctrine.5. This judgment is without any prejudice to any party’s rights to appeal this Final Judgment and/or any order issued by this Court prior to this Final Judgment, including (but not limited to) the June 9 Order, and without prejudice to any party’s ability to seek attorneys’ fees and costs for the case, including pursuant to 35 U.S.C. § 285. 6. This judgment is made without prejudice to Defendants’ ability to challenge the validity, infringement, and/or enforceability of any patents asserted in the above-captioned cases, via defense or otherwise, in any future proceeding. 7. Within 30 days of entry of this judgment, Plaintiffs shall pay QYP $200,000 or post an appropriate bond in the amount of $200,000 to satisfy the attorneys’ fees award granted by the Court as part of its August 2, 2023 sanctions ruling (D.I. 299, 308). Plaintiffs and Defendants have agreed that Plaintiffs will pay QYP $200,000 as a compromise amount with respect to the Court’s sanctions ruling to avoid burdening the Court with motion practice concerning the appropriate amount of the award. 8. This Court retains jurisdiction to enforce or supervise performance under this judgment.”