Case 1:17-cv-00450-RGA Document 12 Filed 12/28/17 Page 1 of 5 PageID #: 590
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PURDUE PHARMA L.P.,
`PURDUE PHARMACEUTICALS L.P.,
`THE P.F. LABORATORIES, INC. and
`RHODES TECHNOLOGIES,
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`Plaintiffs,
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`v.
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`ABHAI, LLC and KVK-TECH, INC.,
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`Defendants.
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`) C.A. No. 17-450 (RGA)
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`CONSENT JUDGMENT
`BETWEEN
`PURDUE PHARMA L.P., THE P.F. LABORATORIES, INC.,
`PURDUE PHARMACEUTICALS L.P.,
`RHODES TECHNOLOGIES,
`AND ABHAI, LLC and KVK-TECH, INC.
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`On consent of Purdue Pharma L.P., The P.F. Laboratories, Inc., Purdue
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`Pharmaceuticals L.P. and Rhodes Technologies, and Abhai, LLC and KVK-Tech, Inc., and as
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`settlement of this action between and among those parties, PURDUE PHARMA L.P., a limited
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`partnership organized and existing under the laws of the State of Delaware, having a place of
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`business at One Stamford Forum, 201 Tresser Boulevard, Stamford, Connecticut 0690 l, THE
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`P.F. LABORATORIES, INC., a corporation organized and existing under the laws of the State
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`of New Jersey, having a place of business at One Stamford Forum, 201 Tresser Boulevard,
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`Stamford, Connecticut 06901, PURDUE PHARMACEUTICALS L.P., a limited partnership
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`organized and existing under the laws of the State of Delaware, having a place of business at
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`4701 Purdue Drive, Wilson, North Carolina 27893 and RHODES TECHNOLOGIES, a general
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`partnership organized and existing under the laws of the State of Delaware, having a principal
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`place of business at 498 Washington Street, Coventry, Rhode Island 02816 (collectively, the
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`"Purdue Companies"), and ABHAI, LLC, a limited liability company organized and existing
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`Case 1:17-cv-00450-RGA Document 12 Filed 12/28/17 Page 2 of 5 PageID #: 591
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`under the laws of the State of Florida, having a place of business at 194 Inlet Drive, St.
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`Augustine, FL 32080, and KVK-TECH, INC., a corporation organized and existing under the
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`laws of the State of Pennsylvania, having a place of business at 110 Terry Drive, Suite 200,
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`Newton, PA 18940 (collectively, the "Defendants") (the Plaintiffs and the Defendants being
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`sometimes referred to herein individually as a "Party" and collectively as the "Parties"), it is
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`Ordered, Adjudged and Decreed as follows:
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`1.
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`Terms used in this Consent Judgment and not otherwise defined shall have
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`the meanings ascribed thereto in the Settlement Documents, dated as of December 22, 2017, by
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`and among the Plaintiffs and the Defendants (the "Settlement Documents").
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`U.S. Patent Nos. 9,492,389, 9,492,391, 9,492,392, 9,492,393 and 9,522,919
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`(collectively, the "Specified Patents") are valid and enforceable with respect to any Oxycodone
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`Products and any ANDA or 505(b)(2) Application for such products and, except for activities
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`expressly permitted by the License granted pursuant to the Patent License Agreement, the
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`Specified Patents are infringed by the Abhai ANDA and the Abhai Products.
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`Unless otherwise expressly permitted pursuant to the terms of the Settlement
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`Documents, the Defendants will not, prior to the Terminal Date, directly or indirectly, alone or in
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`cooperation with any other person, make, have made, use, offer to sell, sell, import, market,
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`distribute, participate in the profits of or indemnify others with respect to, any Oxycodone
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`Product in the Territory.
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`Except as provided for or may be agreed to in writing by the Plaintiffs and the
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`Defendants in the Settlement Documents, from and after the Signing Date, the Defendants and
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`their Associated Companies are enjoined from infringing the Specified Patents with respect to
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`the Abhai ANDA and Abhai Products in the Territory.
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`Case 1:17-cv-00450-RGA Document 12 Filed 12/28/17 Page 3 of 5 PageID #: 592
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`Civil Action No. 17-450 (the "Action"), including all claims and counterclaims, is
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`hereby dismissed with prejudice. The Defendants waive any possible antitrust or other claims
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`against the Plaintiffs based on conduct or events that have occurred prior to the Signing Date
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`relating to the Abhai ANDA and the Abhai Products and the Specified Patents, as well as any
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`claims or counterclaims that could have been pleaded in the Action.
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`Except for the rights, agreements, covenants, waivers and releases specifically
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`granted pursuant to the Settlement Documents, no other right, written or oral license or
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`sublicense, covenant not to sue, waiver or release of future infringement or other written or oral
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`authorization is or has been granted or implied by this Consent Judgment.
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`Except as the Parties have heretofore expressly provided for in writing, by virtue
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`of this Consent Judgment, all claims and demands for relief prayed for by the Plaintiffs and the
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`Defendants in the Action are deemed to be satisfied.
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`Subject to the provisions of the Settlement Documents, in addition to remedies for
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`contempt of this Consent Judgment which the Plaintiffs or the Defendants, as the case may be,
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`have, in the event of breach or violation by the other parties of the terms of this Consent
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`Judgment, the non-breaching parties are entitled to appropriate injunctive relief against the
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`breaching parties with respect to the breaching conduct solely upon a showing of a likelihood of
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`success of establishing that such a breach occurred. The Parties agree that jurisdiction and venue
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`for such an action exist in this District Court, and waive any and all defenses based on personal
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`jurisdiction, subject matter jurisdiction and venue.
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`This Consent Judgment is entered pursuant to Rule 58 of the Federal Rules of
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`Civil Procedure, and the Action is hereby dismissed without costs or attorney's fees, save that
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`this District Court shall retain jurisdiction over the Action, including, without limitation, over
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`Case 1:17-cv-00450-RGA Document 12 Filed 12/28/17 Page 4 of 5 PageID #: 593
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`implementation of, or disputes arising out of, this Consent Judgment or the settlement of the
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`Action. A prevailing party shall be entitled to recover attorney's fees in any such proceeding
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`occurring after the entering of this Consent Judgment in which the case is found to be an
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`exceptional one.
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`Defendants may maintain or file Paragraph IV certifications
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`in ANDA
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`No. 207493 under 21 U.S.C. § 355U)(2)(A)(vii)(IV) (as amended or supplemented) consistent
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`with the Settlement Documents.
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`[remainder of this page intentionally left blank]
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`Case 1:17-cv-00450-RGA Document 12 Filed 12/28/17 Page 5 of 5 PageID #: 594
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`KLEHR HARRISON HARVEY BRANZBURG LLP
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`/s/ 1?,pdger <D. Smitfi II
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`/s/ Saffy P.. o/egfite
`
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith II (#3778)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`rsmith@mnat.com
`
`David S. Eagle (#3387)
`Sally E. Veghte (#4762)
`919 N. Market Street
`Suite 1000
`Wilmington, DE 19801
`(302) 552-5508
`deagle@klehr.com
`sveghte@klehr.com
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`Attorneys for Plaintiffs
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`Attorneys for Defendants
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`OF COUNSEL:
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`OF COUNSEL:
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`John J. Normile
`Pablo D. Hendler
`Kelsey I. Nix
`Gasper J. LaRosa
`Kenneth S. Canfield
`Sarah A. Geers
`Lisamarie LoGiudice
`JONES DAY
`250 Vesey Street
`New York, NY 10281-1047
`(212) 326-3777
`
`Jason G. Winchester
`JONES DAY
`77 West Wacker Drive
`Chicago, IL 60601
`
`Chad Landmon
`Edward M. Mathias
`Matthew S. Murphy
`AXINN, VEL TROP & HARKRIDER LLP
`90 State House Square
`Hartford, CT 06103
`(860) 275-8170
`
`Dan Feng Mei
`AXINN, VEL TROP &HARKRIDER LLP
`114 West 47th Street
`New York, NY 10036
`(212) 728-2200
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`Attorneys for Plaintiffs Purdue Pharma L.P.,
`Purdue Pharmaceuticals L.P., The P.F.
`Laboratories, Inc., and Rhodes Technologies
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`December 22, 2017
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`SO ORDERED this l[' day o~, 2017.
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