Opinion
Civil Action No. 99-922 (DRD).
July 15, 2004
Arnold B. Calmann (AC-3542), SAIBER SCHLESINGER SATZ GOLDSTEIN, LLC, Newark, New Jersey, David M. Hashmall, P.C. (DH-9966), GOODWIN PROCTER LLP, New York, Henry C. Dinger (HD-1931), GOODWIN PROCTER LLP, Boston, Massachusetts, Attorneys for Defendant, Teva Pharmaceuticals USA, Inc.
ORDER PURSUANT TO FED. R. CIV. P. 54(b)
THIS MATTER having been opened to the Court by defendant Teva Pharmaceuticals USA, Inc. ("Teva"), seeking an Order revising the Court's June 29, 2004 Final Judgment and seeking the following forms of alternative relief (i) Entry of Final Judgment Under Fed.R.Civ.P. 54(b) to certify judgment on all claims and rulings save for willful infringement and attorney fees as final, the Court having found based upon the parties submissions that there is no just reason for delay or, alternatively, (ii) Entry of an Order amending paragraph 2 of the Court's June 29, 2004 Final Judgment pursuant to Fed.R.Civ.P. 59(e); and the Court having considered the papers filed on behalf of Teva in support of said application; and plaintiff Warner-Lambert Company and intervenors Schwarz Pharma, Inc., and Schwarz Pharma AG having consented to the within application; and for other and good cause having been shown,
ORDERED that:
1. Effective, nunc pro tunc, as of June 29, 2004, Paragraph 2 of this Court's June 29, 2004 Final Judgment is stricken in its entirety and replaced with the following:
Defendant, its officers, agents, attorneys and employees, and those acting in privity or concert with them are restrained and enjoined from engaging in the commercial manufacture, use, offer to sell or sale within the United States, or importation into the United States, of quinapril drug compositions as claimed in the '450 patent.
2. Final Judgment is hereby entered under Rule 54(b) on all claims and rulings in the above-captioned action save for willful infringement and attorney fees, there being no just reason for delay.
3. Discovery and trial on the issues of willful infringement and attorney fees are stayed until after the final resolution of any appeal of this Order.