Opinion
04-60514-CIV-MARTINEZ/KLEIN, 04-22013-CIV-MARTINEZ/KLEIN.
August 24, 2005
Robez F. Green, Steven H. Sklar, LEYDIG, VOIT MAYER, LTD., Chicago, Illinois.
Eric D. Isicoff, ISICOFF, RAGATZ KOENIGSBERG, P.A., Miami, Florida.
Barry R. Davidson, HUNTON WILLIAMS LLP, Miami, FL, Attorneys for FIRST HORIZON PHARMACEUTICAL CORPORATION.
Robert E. Pershes, L.A. Perkins, BUCKINGHAM, DOOLITTLE BURROUGHS, LLP, Boca Raton, Florida.
Mark J. Skakun, Philip R. Wiese, BUCKINGHAM, DOOLITTLE BURROUGHS, LLP, Akron, OH, Attorneys for BRECKENRIDGE PHARMACEUTICAL, INC. and SCIENTIFIC LABORATORIES INC.
CONSENT JUDGMENT
This Consent Judgment applies to the action initiated by Breckenridge Pharmaceutical Inc (Breckenridge) against First Horizon Pharmaceutical Corporation (First Horizon) case number 04-60514 and the action filed by First Horizon Pharmaceutical Corporation (First Horizon) in the United States District Court Northern District of Illinois Case No. 04-cv-2728 which was transferred to this district and assigned Case no. 04-22013-CIV-MARTINEZIKLEIN and First Horizon having filed its Amended Counterclaim against Breckenridge Pharmaceutical, Inc. (Breckenridge) and Scientific Laboratories, Inc. ("SLI") for infringement of United States Patents No. 6,509,492 and No. 6,790,980 (collectively, "Patents-in-Suit"), and Breckenridge and SLI having answered same; now with the consent of the parties:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. This Court has jurisdiction over the subject matter and the parties, and venue is proper in this Judicial District.
2. This Court finds that First Horizon is the owner of the right, title and interest in and to each of the Patents-in-Suit, and has standing and the right to sue for infringement thereof.
3. This Court finds that each of the Patents-in-Suit is valid and enforceable.
4. This lawsuit between First Horizon, Breckenridge and SLI is hereby dismissed with prejudice, subject to the terms of this Consent Judgment.
5. The parties have entered into a Settlement Agreement and Patent License Agreement. Each party is responsible for its own costs, expenses and attorneys' fees. The Court retains jurisdiction for the enforcement of same and of this Consent Judgment.
6. First Horizon, Breckenridge and SLI have agreed that no appeal shall be taken from this Consent Judgment.
Agreed and Consented To:
First Horizon Pharmaceutical Corporation
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
Agreed and Consented To:
Breckenridge Pharmaceutical, Inc.
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
Agreed and Consented To:
Scientific Laboratories, Inc.
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
Agreed and Consented To:
First Horizon Pharmaceutical Corporation
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
Agreed and Consented To:
Breckenridge Pharmaceutical, Inc.
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
Agreed and Consented To:
Scientific Laboratories, Inc.
By: ______________________
Name: ____________________
Title: ___________________
Date: ____________________
This case is CLOSED, all pending motions are DENIED as moot.
IT IS SO ORDERED.