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Case 1:06-cv-00438-GMS Document 614 Filed 06/16/08 Page 1 of 2 PagelD #: 8760
`
`IN THE UN ITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ELAN PHARMA
`INTERNATIONAL LTD,
`
`Plaintiff,
`
`v.
`
`ABRAXIS BIOSCIENCE, INC,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 06-438 GMS
`
`J UDGMENT
`
`This aClion came before the Court for a trial by jury. The issues have been tried and the
`
`j ury rendered its verdict on June 13, 200S. The verdict was accompan ied by a verdict form (0. 1.
`
`613), a copy of which is attac hed hereto. Therefore,
`
`IT IS HEREBY ORDERED AND ADJUDGED thaLjudgmenl be and is hereby entered in
`
`favor or the plaintiff, ELAN PHARMA INTERNATIONAL LTD and against the defendant,
`
`ABRAXIS BIOSCIENCE, INC. , that ABRAX IS BIOSCIENCE, INC. , literally infringes Claims
`
`3 and 5 of U.S. Patent No. 5,399,363 in the amount of FIfTY-F IVE MILLION TWO HUNDRED
`
`THIRTY THOUSAND DOLLARS ($55,230,000.00) for damages from January 7, 2005 through
`
`June 13, 2008, FIND ING A REASONABLE ROYALTY RATE OF SIX PERCENT (6%); and
`
`that the infringemen t is not willful;
`
`IT IS FURTHER ORDERED that judgment be and is hereby entered in favor oflhe
`
`plaintiff, ELAN PHARMA INTERNATIONAL LTD and aga inst the defendan t, ABRAX IS
`
`BIOSCIENCE, [NC., for the validity o f Claims 1, 3, 5, 10, and 11 of U.S. Paten t No. 5,399,363
`
`and C laims 1, 2, 3, 13 , 14, and 15 of U.S. Patent No. 5,834,025;
`
`Apotex v. Abraxis - [PR20 18-00 153, Ex. 10 11, p.O 1 of?
`
`

`

`Case 1:06-cv-00438-GMS Document 614 Filed 06/16/08 Page 2 of 2 PagelD #: 8761
`
`IT IS FURTHER ORDERED that judgment be and is hereby entered in favor of the
`
`plaintiff, ELAN PHARMA INTERNATIONAL LTD and against the defendant, ABRAX IS
`
`BIOSCIENCE , INC. , for the enforceability ofV.S. Palent Nos. 5,399,363 and 5,834,025.
`
`Dated: June 16, 2008
`
`lsi Gregory M. Sleet
`
`UNITED STATES DISTRICT CH IEF JUDGE
`
`2
`
`Apotex v. Abraxis - [PR20 18-00 153, Ex. 1011 , p.02 of 7
`
`

`

`Case 1:06-cv-00438-GMS Document 614-1 Filed 0 6/16/08 Page 1 of 5 PagelD #: 8762
`
`VERDICT FORM
`
`We, the j ury, unanimo usly fi nd as follows:
`
`QUESTION I: INFRINGEMENT
`
`As to the '363 Patent ONLY:
`
`Question No. l(a): Literal Infringement Of ~ 363 Patent
`
`Do you fi nd that Elan has proven, by a preponderance o f the evide nce . that A braxis has literally
`infringed any of the fol lowing claims of U.S. Patent No. 5,399,363',)
`
`Check YES (for Elan) or NO (for Abraxis) for each claim:
`
`C laim 3
`
`C laim 5
`
`NO (for Abraxis)
`
`YES (for Elan)
`V
`;/
`
`PLEASE PROCEED TO QUESTION 2.
`
`Apotex v. Abraxis -IPR20 IS-00I S3, Ex. 10 11 , p.03 of7
`
`

`

`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 2 of 5 Page lD #: 8763
`
`QUESTION 2: INVALIDITY
`
`As to the '363 Patent:
`
`Question No. 2(a)(i): Invalidity Of '363 Patent For Lack of Enablement Under 35 U.S.c.
`Section 112
`
`Do you find that Abraxis has proven, by clear and convincing evidence, that any oflhe following
`claims of U.S. Patent No. 5,399,3 63 is invalid for lack of enablement?
`
`Check YES (for Abraxis) or NO ( for Elan) for each claim:
`
`YES (for Abraxis)
`
`NO (for Elan)
`
`Claim 1
`
`C laim 3
`
`C laim 5
`
`C laim 10
`
`Claim 11
`
`I
`
`V
`V
`V
`

`
`Question No. 2(a)(ii): Invalidity Of '363 Patent For Lack Of Adequate Written Description
`Under 35 U.S.c. Section 1 J 2
`
`Do you find that Abraxis has proven, by clear and convincing evidence, that any of the following
`claims of U.S. Patent No. 5,399,363 is invalid for Jack of adequate written description?
`
`Check YES (for Abraxis) or NO (for Elan) for each claim:
`
`YES (for Abraxis)
`
`C laim 1
`
`Claim 3
`
`Claim 5
`
`Claim 10
`
`Claim 11
`
`NO (for Elan)
`, /
`V
`V
`V
`V
`
`Apotex v. Abraxis -IPR20 IS-00I S3, Ex. 1011 , p.04 of7
`
`

`

`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 3 of 5 Page lD # : 8764
`
`As to the '025 Patent:
`
`Question No. 2(b)(i): Invalidity or '025 Patent For Lack of Enahlement Under 35 V.S.c.
`Section 112
`
`Do you find that Abraxis has proven, by clear and convincing evidence, that any of the following
`claims or U.S. Patent No. 5,834,025 is invalid for lack ofenablement?
`
`Check YES (for Abraxis) or NO (for Elan) for each claim:
`
`YES (for Abraxis)
`
`Claim 1
`
`Claim 2
`
`Claim 3
`
`Claim 13
`
`Claim 14
`
`Claim 15
`
`NO (for Elan)
`V
`V
`V
`V
`V
`V-
`
`I
`
`Question No. 2(b)(ii): Invalidity Of '025 Patent For Lack Of Adequate Written Description
`Under 35 U.S.C. Section 112
`
`Do you find that Abraxis has proven, by clear and convincing ev idence, that any oflhe following
`claims of U.S. Patent No. 5,834,025 is invalid for lack of adequate written description?
`
`Check YES (for Abraxis) or NO (for Elan) for each claim:
`
`YES (for Abraxis)
`
`NO (for Elan)
`
`Claim 1
`
`Claim 2
`
`Claim 3
`
`Claim 13
`
`Claim 14
`
`Claim IS
`
`PLEASE PROCEED TO QUESTION 3.
`
`V
`t/
`i /
`J/
`V
`V
`
`Apotex v. Abraxis -IPR20 IS-00IS3 , Ex. 1011 , p.OS of7
`
`

`

`Case 1:06-cv-00438-GMS Document 614-1 Filed 0 6/16/08 Page 4 of 5 PagelD #: 8765
`
`QUESTION 3: UNENFORCEABILITY
`
`As to the '363 Patent:
`
`Question No. 3(a): Inequitable Conduct Concerning '363 Patent
`
`Do yOll find that Abraxis has proven, by clear and convinci ng evidence. that U.S. Patent
`No. 5,399,363 is unenforceable due to inequitable conduct?
`
`Check YES (for Abraxis) or NO (for Elan):
`
`YES (for Abraxis)
`
`As to the '025 Patent:
`
`Question No. 3(b): Inequitable Conduct Concerning '025 Patent
`
`Do you find that Abraxis has proven, by clear and convincing evidence, that U.S. Patent
`No. 5,834,025 is unenforceable due to inequitable conduct?
`
`Check YES (for Abraxis) or NO (for Elan):
`
`YES (for Abraxis)
`
`NO (for Elan>=]
`V ~
`
`Apotex v. Abraxis -IPR20 IS-00I S3, Ex. 10 11 , p.06 of7
`
`

`

`Case 1:06-cv-00438-GMS Document 614-1 Filed 06/16/08 Page 5 of 5 PagelD #: 8766
`
`ONLY ANSWER QUESTIONS 4 AND 5 IF YOU FIND> THAT ABRAXlS HAS
`INFRINGED AT LEAST ONE VALID AND ENFORCEABI"E CLAIM OF TIlE '363
`PATENT. OTIlERWlSE, YOU ARE FINISHED, AND THE FOREPERSON SHOULD
`PLEASE SIGN THE SIGNATURE BLOCK BELOW.
`
`QUESTION 4: WILLFULNESS
`
`Has Elan proven, by clear and convincing evidence. that any infringement of claims 3 or 5 of
`U.S. Patent No. 5,399,363 by Abraxis waS' willful?
`
`Answer YES (for Elan) or NO (for Abraxis):
`
`YES (for Elan)
`
`QUESTION 5: MONETARY DAMAGES
`
`If you find that Abraxis has infringed a valid and enforcclble claim of U,S. Patent
`No. 5-,399,363, then please identify the amount of monetary damages that will compensate Elan
`for Abraxis's infringement from January 7, 2005 through June yr. 2008.
`$ 5S; t jD t CKJo
`13)
`
`Please also identify the applicable reasonable royalty rate you us·:d to calculate any damages
`above.
`
`_ ---"'6 ___ %
`
`Apotex v. Abraxis -IPR20IS-00IS3 , Ex. 1011 , p.07 of7
`
`

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