[PROPOSED] FINAL JUDGMENT AS TO HANDA PHARMACEUTICALS, LLC., AND PAR PHARMACEUTICALS, INC.

JOSEPH C. SPERO, Magistrate Judge.

This action having come before the Court for a bench trial from June 5 to June 12, 2013; the issues having been heard and a decision having been rendered:

IT IS HEREBY ORDERED AND ADJUDGED this 1st day of November, 2013, for the reasons set forth in the Court's Findings of Fact and Conclusions of Law [D.N. 446] dated October 17, 2013, that Judgment shall be entered in favor of Plaintiffs Takeda Pharmaceuticals Co., Ltd., Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals LLC, and Takeda Pharmaceuticals America, Inc. (collectively, "Takeda"), and against Defendants Handa Pharmaceuticals, LLC, and Par Pharmaceuticals, Inc. (collectively, "Handa/Par"), on Takeda's claims that Handa/Par's proposed products described in Abbreviated New Drug Application ("ANDA") No. 202-294 infringe asserted claims 2 and 3 of U.S. Patent No. 6,664,276 ("the '276 Patent") and asserted claims 1 and 2 of U.S. Patent No. 7,737,282 ("the '282 Patent") pursuant to 35 U.S.C. § 271(e)(2); and it is further,

ORDERED AND ADJUDGED that the asserted claims of the '276 and '282 Patents are valid and enforceable, and that Judgment shall be entered in favor of Takeda and against Handa/Par on all counterclaims and defenses alleging noninfringement, invalidity, or unenforceability of the '276 and '282 Patents; and it is further,

ORDERED AND ADJUDGED, pursuant to the Court's Order Re Summary Judgment [D.N. 265] dated April 8, 2013, that Judgment shall be entered in favor of Handa/Par and against Takeda on Takeda's claim that Handa/Par's proposed products described in ANDA No. 202-294 infringe asserted claims 2, 4, and 6 of U.S. Patent No. 7,790,755 ("the '755 Patent"); and it is further,

ORDERED AND ADJUDGED that Judgment shall be entered in favor of Handa/Par and against Takeda on Handa/Par's counterclaim alleging noninfringement of asserted claims 2, 4, and 6 of the '755 patent, and that Handa/Par's counterclaims and defenses alleging invalidity and unenforceability of the '755 Patent are moot; and it is further,

ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any approval by the United States Food and Drug Administration of Handa/Par's proposed products described in ANDA No. 202-294 shall be a date that is not earlier than the last date of expiration of the '276 and '282 Patents (currently, June 15, 2020, for the '282 Patent, and December 15, 2020, with attached six months of pediatric exclusivity for the '276 Patent, which date is subject to extension pursuant to Takeda's request for patent term extension currently pending before the U.S. Patent and Trademark Office); and it is further,