SETTLEMENT AGREEMENT
EXHIBIT 10.16
This Settlement Agreement (“Agreement”) is entered into by and among: Duke University, a North
Carolina nonprofit and educational institution; Orexigen Therapeutics, Inc., a Delaware
corporation; Elan Corporation, plc, an Irish corporation; Elan Pharma International Ltd., an Irish
corporation; Elan Pharmaceuticals, Inc., a Delaware corporation; Eisai Inc., a Delaware
corporation; Eisai Co., Ltd., a Japanese corporation; and Xxxxxxxx X. Xxxxxxxx, an individual (all
collectively referred to herein as the “Parties” or, individually, the “Party”).
RECITALS
WHEREAS, on May 6, 2002, Elan filed Provisional Application No. 60/378,446, which was
converted into U.S. Patent Application No. 10/429,474 on May 2, 2003, relating to the use of
zonisamide for weight loss treatment and naming Xxxxxxxx as the sole inventor;
WHEREAS, in April 2004, Elan transferred any and all rights it had in U.S. Patent Application
No. 10/429,474 to Eisai Inc., and Eisai Inc. is presently the owner of U.S. Patent Application No.
10/429,474;
WHEREAS, on May 17, 2002, Duke filed Provisional Application No. 60/380,874, which was
converted into U.S. Patent Application No. 10/440,404 on May 19, 2003, relating to the use of
zonisamide and other compounds for weight loss treatment and naming Xxxxxxx X. Xxxxx and Xxxxx X.
Xxxxxxxx as co-inventors;
WHEREAS, on July 12, 2004, Duke and Orexigen filed a civil action in the United States
District Court for the Middle District of North Carolina against Elan, Eisai, and Xxxxxxxx, which
action is entitled, Duke University and Orexigen Therapeutics, Inc., v. Elan Corporation, plc, Elan
Pharma International Ltd., Elan Pharmaceuticals, Inc., Eisai, Inc., Eisai Co., Ltd., and Xxxxxxxx
X. Xxxxxxxx, Civil Action No. 1:04CV00532 (“the Action”);
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WHEREAS, in the Action, Duke and Orexigen sought a declaration to correct inventorship and
assignment of U.S. Patent Application No. 10/429,474, and asserted various other claims;
WHEREAS, in the Action, Elan, Eisai, and Xxxxxxxx filed motions to dismiss the Action, which
were granted in part and denied in part;
WHEREAS, the Parties recognize the uncertainty of the outcome of disputed complex litigation,
such as the Action, and the extended period of time that it could take to resolve matters through
litigation;
WHEREAS, the Parties wish to contain the fees, costs, and expenses associated with the Action,
and have independently concluded that their respective interests would be best served by
compromising and thereby terminating and concluding the Action; and
WHEREAS, the Parties intend to bring to close all current and prospective litigation in the
United States relating to the Eisai Patent(s) and the Duke Patent(s) (as those terms are defined in
this Agreement), as set forth herein.
NOW, THEREFORE, for good, valuable, and reciprocal consideration given and received, the
sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree
as follows:
1. DEFINITIONS. The following terms have the meanings ascribed to them, whether in the singular or
plural:
1.1 “Duke” means Duke University and shall include and encompass Duke’s divisions,
subsidiaries, sub-entities, partners, joint-ventures, affiliates, owners, executives, officers,
directors, administrators, successors, agents, insurers, underwriters, legal representatives, and
present, past, or future parents.
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1.2 “Orexigen” means Orexigen Therapeutics, Inc. and shall include and encompass Orexigen’s
divisions, subsidiaries, sub-entities, partners, joint-ventures, affiliates, owners, executives,
officers, directors, administrators, successors, agents, insurers, underwriters, legal
representatives, and present, past, or future parents.
1.3 “Elan” means Elan Corporation, plc, Elan Pharma International Ltd., and Elan
Pharmaceuticals, Inc. and shall include and encompass each of their divisions, subsidiaries,
sub-entities, partners, joint-ventures, affiliates, owners, executives, officers, directors,
administrators, successors, agents, insurers, underwriters, legal representatives, and present,
past, or future parents.
1.4 “Eisai” means Eisai Inc. and Eisai Co., Ltd. and shall include and encompass each of their
divisions, subsidiaries, sub-entities, partners, joint-ventures, affiliates, owners, executives,
officers, directors, administrators, successors, agents, insurers, underwriters, legal
representatives, and present, past, or future parents, and shall also include any successors in
interest to or assigns of the Eisai Patent(s), defined herein.
1.5 “Xxxxxxxx” means Xxxxxxxx X. Xxxxxxxx.
1.6 “Eisai Patent(s)” means any patent that includes a claim which encompasses the use of
zonisamide as the sole active ingredient to treat obesity or other weight-related disorders or
conditions that (a) issues from U.S. Patent Application No. 10/429,474 filed on May 2, 2003, or (b)
issues from any other U.S. patent application claiming in whole or in part the benefit of the
filing date of, or which is otherwise based on the disclosure in, U.S. Patent Application No.
10/429,474 filed on May 2, 2003 or U.S. Provisional Application No. 60/378,446 filed on May 6,
2002.
1.7 “Duke Patent(s)” means any patent that includes a claim which encompasses the use of
zonisamide as the sole active ingredient to treat obesity or other weight-related disorders or
conditions that (a) issues from U.S. Patent Application No. 10/440,404 filed on May 19, 2003, or
(b) issues from any other U.S. patent application claiming in whole or in part the benefit of the
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filing date of, or which is otherwise based on the disclosure in, U.S. Patent Application No.
10/440,404 filed on May 19, 2003 or U.S. Provisional Application No. 60/380,874 filed on May 17,
2002.
1.8 “Orexigen’s Product” means any product containing zonisamide in combination with any other
active pharmaceutical agent, including but not limited to bupropion, wherein zonisamide and the
other active pharmaceutical agent may be administered as a single dosage form or as separate dosage
forms, the product being intended for use in the treatment of humans, including but not limited to
the treatment of obesity or other weight-related disorders or conditions.
1.9 “Effective Date” means the date that this Agreement has been signed by all of the Parties,
which may be accomplished by counterparts.
1.10 “Zonegran Product” means the pharmaceutical product currently approved by the FDA
pursuant to NDA 20-789 and marketed in the United States by Eisai Inc. under the trademark
ZONEGRAN®.
1.11 “Xxxxx” means Xxxxxxx X. Xxxxx.
1.12 “Krishnan” means Xxxxx X. Xxxxxxxx.
1.13 “Person” means any individual, entity, corporation, partnership, joint venture, limited
liability company, trust or unincorporated organization.
2. DISMISSAL AND RELEASES
2.1 Dismissal of Action. Within five (5) days of the Effective Date, the Parties shall
execute, and Duke and Orexigen shall cause their counsel to file, a Stipulation of Dismissal in the
form attached as Exhibit A, which the Parties intend will dismiss Duke’s and Orexigen’s
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pending claims in the Action with prejudice in accordance with Federal Rule of Civil Procedure
41(a)(1)(ii).
2.2 Release by Duke and Orexigen. Duke and Orexigen, in consideration of the
agreements set forth herein, and intending to be legally bound, irrevocably release and forever
discharge Elan, Eisai, and Xxxxxxxx from any actions, causes of action, claims, suits, obligations,
liabilities, and demands whatsoever, whether in law, in equity or otherwise, arising under the laws
of the United States or any State within the United States, whether known or unknown, asserted or
unasserted, existing as of the Effective Date, based upon, arising out of or in any way relating to
either (a) the Action, or (b) the Duke Patent(s).
2.3 Release by Elan, Eisai, and Xxxxxxxx. Elan, Eisai, and Xxxxxxxx, in consideration
of the agreements set forth herein, and intending to be legally bound, irrevocably release and
forever discharge Duke and Orexigen from any actions, causes of action, claims, suits, obligations,
liabilities, and demands whatsoever, whether in law, in equity or otherwise, arising under the laws
of the United States or any State within the United States, whether known or unknown, asserted or
unasserted, existing as of the Effective Date, based upon, arising out of or in any way relating to
either (a) the Action, or (b) the Eisai Patent(s).
2.4 Limitations on Releases. The releases set forth above in Paragraphs 2.2 and 2.3
are limited to the United States only and do not apply to, and the Parties expressly reserve their
rights with respect to, any and all actions, causes of action, claims, suits, obligations,
liabilities, and demands whatsoever outside the United States. In addition, the releases set forth
above in Paragraphs 2.2 and 2.3 do not apply to:
(a) Any claims based upon or arising out of the rights and obligations created by this
Agreement; or
(b) The rights of the Parties with respect to the Duke Patent(s) and the Eisai Patent(s) in
any and all present or future proceedings in the U.S. Patent and Trademark Office, including but
not limited to any interference proceeding relating to the Duke Patent(s), the Eisai Patent(s), or
the applications for those patents.
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2.5 Waiver. Each Party acknowledges being familiar with Section 1542 of the
California Civil Code, which reads as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor.
Each Party acknowledges and agrees that the Party is releasing unknown claims and waives all rights
that the Party may have under Civil Code Section 1542 or under any other statute or common law
principle of similar effect.
3. COVENANT NOT TO XXX
3.1 By Duke and Orexigen. Duke and Orexigen, hereby covenant that they will not,
individually or collectively, assert the Duke Patent(s) or any application for the Duke Patent(s)
against Elan, Eisai or Xxxxxxxx or any of their successors, assigns, licensees, sublicensees,
customers, distributors, suppliers, or users, for any conduct relating to the Zonegran Product,
whether occurring before, on, or after the Effective Date. Duke and Orexigen shall impose this
covenant on any third party to which Duke and Orexigen, may, after the Effective Date, assign,
convey, sell, lease, encumber, license, sublicense, or otherwise transfer or grant any right in or
to the Duke Patent(s) or any right or interest therein. Breach of any portion of this Paragraph
3.1 shall constitute a material breach of this Agreement.
3.2 By Elan, Eisai and Xxxxxxxx. Elan, Eisai, and Xxxxxxxx hereby covenant that they
will not, individually or collectively, assert the Eisai Patent(s) or any application for the Eisai
Patent(s) against Duke or Orexigen or any of their successors, assigns, licensees, sublicensees,
customers, distributors, suppliers, or users, for any conduct relating to Orexigen’s Product,
whether occurring before, on, or after the Effective Date. Elan, Eisai, and Xxxxxxxx shall impose
this covenant on any third party to which Elan, Eisai, or Xxxxxxxx may, after the Effective Date,
assign, convey, sell, lease, encumber, license, sublicense, or otherwise transfer or grant any
right in or to the Eisai Patent(s) or any right or interest therein. Breach of any portion of this
Paragraph 3.2 shall constitute a material breach of this Agreement.
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4. REPRESENTATIONS AND WARRANTIES
4.1 By the Parties. Each Party represents and warrants that (a) it has not assigned or
transferred to any other persons or entities any of its claims, demands, or causes of action
settled and released herein, (b) it has the full power and authority to enter into this Agreement
and to perform its obligations hereunder, (c) this Agreement is binding on and enforceable against
it by the other Parties in accordance with its terms, and (d) the compliance by each of the Parties
with its obligations hereunder will not conflict with or result in a breach of any agreement to
which such Party is a party or is otherwise bound.
4.2 By Xxxxxxxx. Xxxxxxxx represents that she has assigned all of her right, title,
and interest in the Eisai Patent(s) to Elan, and that she is currently unaware of any Person with
any right, title, or interest in the Eisai Patent(s) other than Eisai Inc. and/or Elan. Xxxxxxxx
further represents that she is not currently seeking and does not currently possess any patent
rights in the United States relating to the use of zonisamide for the treatment of obesity or other
weight-related disorders or conditions.
4.3 By Elan. Elan represents that it assigned all of its right, title, and interest
in the Eisai Patent(s) to Eisai, and that it is currently unaware of any Person with any right,
title, or interest in the Eisai Patent(s) other than Eisai Inc. Elan further represents that it is
not currently seeking and does not currently possess any patent rights in the United States
relating to the use of zonisamide for the treatment of obesity or other weight-related disorders or
conditions.
4.4 By Eisai. Eisai represents that Eisai Inc. has not assigned or otherwise
transferred any right, title, or interest in the Eisai Patent(s), and that it is currently unaware
of any Person with any right, title, or interest in the Eisai Patent(s) other than Eisai Inc.
Eisai further represents that, other than the Eisai Patent(s), it is not currently seeking and does
not currently possess any patent rights in the United States relating to the use of zonisamide for
the treatment of obesity or other weight-related disorders or conditions.
7
4.5 By Duke and Orexigen. Duke represents that Xxxxx and Krishnan have assigned all
of their right, title, and interest in the Duke Patent(s) to Duke. Duke further represents that it
has not assigned, licensed or otherwise transferred any right, title, or interest in the Duke
Patent(s) to any Person, except to Orexigen. Orexigen represents that it has not assigned,
licensed or otherwise transferred any right, title, or interest in the Duke Patent(s) to any
Person, except to Duke. Duke and Orexigen further represent that they are currently unaware of any
Person with any right, title, or interest in the Duke Patent(s), other than Duke and Orexigen.
5. TERM
5.1 Term. This Agreement shall become effective on the Effective Date and shall
continue in force until the latter of (a) the expiration of the last of the Eisai Patent(s) and the
Duke Patent(s), or (b) the final abandonment of all U.S. patent applications for the Eisai
Patent(s) and the Duke Patent(s).
6. GENERAL
6.1 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of North Carolina (regardless of its or any other jurisdiction’s choice of law
principles).
6.2 Further Assurances. Each Party agrees to take or cause to be taken such further
actions, and to execute, deliver, and file, or cause to be executed, delivered, and filed, such
further documents and instruments and to obtain such consents, as may be reasonably required or
requested in order to effectuate fully the purposes, terms, and conditions of this Agreement.
6.3 Severability. If any term, clause, or provision of this Agreement shall be
determined to be invalid or unenforceable, the unenforceable or invalid article or provision shall
be deemed deleted from this Agreement and replaced with an article or provision which accomplishes,
to the extent possible, the original business purpose of such article or provision in
8
an enforceable and valid manner, and the validity of any other term, clause, or provision shall not
be affected.
6.4 Counterparts. This Agreement may be executed (including, without limitation, by
facsimile signature) in one or more counterparts, with the same effect as if the Parties had signed
the same document. Each counterpart so executed shall be deemed to be an original, and all such
counterparts shall be construed together and shall constitute one Agreement.
6.5 Entire Agreement; Amendment. This Agreement, including Exhibit A attached hereto,
which is incorporated herein by reference, constitutes the entire understanding and only agreement
between the Parties with respect to the subject matter hereof and supersedes any and all prior or
contemporaneous negotiations, representations, agreements, and understandings, written or oral,
that the Parties may have reached with respect to the subject matter hereof. No agreements
altering or supplementing the terms hereof may be made except by means of a written document signed
by the duly authorized representatives of each of the Parties.
6.6 Agency. Nothing herein contained shall be deemed to create or give rise to an
agency, joint venture, or partnership relationship or any fiduciary duty among the Parties.
6.7 Waivers and Amendments. Failure by any Party to enforce any provision of this
Agreement shall not be deemed a waiver of that provision or of any other provision of this
Agreement. Any claim of waiver of any right, obligation, term, or condition of this Agreement and
any claim that any provision of this Agreement has been modified or amended shall be null and void
unless such waiver, modification, or amendment is made in writing and signed by authorized
representatives of all Parties.
6.8 Assignment. This Agreement may be assigned by any Party.
6.9 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties, their respective successors and assigns.
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6.10 Legal Counsel. All Parties have engaged legal counsel in the drafting,
negotiating, and finalizing of this Agreement and any presumption against the drafter of any
particular provision herein (or against the drafter of this Agreement as a whole) shall be of no
effect whatsoever and each Party covenants to, and shall, refrain from asserting or relying upon
any such presumption.
6.11 Notices. All notices required or permitted to be given hereunder shall be given
in writing, sent by facsimile and first class mail, and shall be sent as follows:
If to Duke:
Xxxxxx X. Xxxxx, Ph.D.
Vice Chancellor, Science and Technology Development
Duke University Medical Center
Room 000 Xxxxxxx Xxxxxxxx, Xxx 0000
Xxxxxx, XX 00000
Fax: 000-000-0000
Vice Chancellor, Science and Technology Development
Duke University Medical Center
Room 000 Xxxxxxx Xxxxxxxx, Xxx 0000
Xxxxxx, XX 00000
Fax: 000-000-0000
with a copy to:
Xxxxx X. Xxxxxxx
Knobbe, Martens, Xxxxx & Bear, LLP
0000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
Fax: 000-000-0000
Knobbe, Martens, Xxxxx & Bear, LLP
0000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
Fax: 000-000-0000
If to Orexigen:
Xxxxxxx X. XxXxxxxx
Chief Operating Officer
Orexigen Therapeutics, Inc.
00000 Xxxx Xxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
Fax: 000-000-0000
Chief Operating Officer
Orexigen Therapeutics, Inc.
00000 Xxxx Xxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
Fax: 000-000-0000
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with a copy to:
Xxxxx X. Xxxxxxx
Knobbe, Martens, Xxxxx & Bear, LLP
0000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
Fax: 000-000-0000
Knobbe, Martens, Xxxxx & Bear, LLP
0000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
Fax: 000-000-0000
If to Elan:
Xxxxxxx X. Xxxxxxx
EVP & General Counsel
Elan Corporation, plc
0000 Xxxxxxx Xxxxx
Xxxx xx Xxxxxxx, XX 00000
Fax: 000-000-0000
EVP & General Counsel
Elan Corporation, plc
0000 Xxxxxxx Xxxxx
Xxxx xx Xxxxxxx, XX 00000
Fax: 000-000-0000
with a copy to:
Xxxxxx X. Xxxxxx
Xxxxxx & Xxxxxxx, LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Fax: 000-000-0000
Xxxxxx & Xxxxxxx, LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Fax: 000-000-0000
If to Eisai:
Eisai Inc.
Glenpointe Centre West
000 Xxxxx X. Xxxx Xxxx.
Xxxxxxx, X.X. 00000
Fax: 000-000-0000
Attn: General Counsel
Glenpointe Centre West
000 Xxxxx X. Xxxx Xxxx.
Xxxxxxx, X.X. 00000
Fax: 000-000-0000
Attn: General Counsel
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After February 1, 2007 to:
Eisai Inc.
000 Xxxx Xxxxxxxxx
Xxxxxxxxx Xxxx, XX 00000
Attn: General Counsel
000 Xxxx Xxxxxxxxx
Xxxxxxxxx Xxxx, XX 00000
Attn: General Counsel
with a copy to:
Xxxxxxxxx & Xxxxxxx LLP
Xxx Xxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000
Fax: 000-000-0000
Attn: Xxxxx Xxxxxxxx, Esq.
Xxx Xxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000
Fax: 000-000-0000
Attn: Xxxxx Xxxxxxxx, Esq.
If to Xxxxxxxx:
Xxxxxxxx X. Xxxxxxxx
00000 Xxxx Xxxx Xxxxxx
Xxx Xxxxx, XX 00000
Fax: 000-000-0000
00000 Xxxx Xxxx Xxxxxx
Xxx Xxxxx, XX 00000
Fax: 000-000-0000
with a copy to:
Xxxxxx X. Xxxxxx
Xxxxxx & Xxxxxxx, LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Fax: 000-000-0000
Xxxxxx & Xxxxxxx, LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Fax: 000-000-0000
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IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to
execute this Agreement.
| DUKE UNIVERSITY | OREXIGEN THERAPEUTICS, INC. | |||||||
By:
|
/s/ Xxxxxx Xxxxx | By: | /s/ Xxxx X. Xxxxxxxxx | |||||
| Name: Xxxxxx Xxxxx | Name: Xxxx X. Xxxxxxxxx | |||||||
| Title: Vice Chancellor | Title: CEO/President | |||||||
| Date: 12/1/06 | Date: 07 Dec. 0000 | |||||||
| XXXX XXXXXXXXXXX, PLC | ELAN PHARMA INT’L LTD. | |||||||
By:
|
/s/ Xxxxxxx X. Xxxxxx | By: | /s/ Xxxxxxx X. Xxxxxx | |||||
| Name: Xxxxxxx X. Xxxxxx | Name: Xxxxxxx X. Xxxxxx | |||||||
| Title: EVP and Company Secretary | Title: Director | |||||||
| Date: 7 December 2006 | Date: 7 December 0000 | |||||||
| XXXX XXXXXXXXXXXXXXX, INC. | EISAI INC. | |||||||
By:
|
/s/ Xxxxxxx X. Xxxxxxx | By: | /s/ Xxxxxxxxx Xxxxx | |||||
| Name: Xxxxxxx X. Xxxxxxx | Name: Xxxxxxxxx Xxxxx | |||||||
| Title: EVP & General Counsel | Title: VP. Business Development | |||||||
| Date: 7 December 2006 | Date: December 12, 2006 | |||||||
| EISAI CO., LTD. | XXXXXXXX X. XXXXXXXX | |||||||
By:
|
/s/ Xxxxx Xxxxxxx | By: | /s/ Xxxxxxxx X. Xxxxxxxx | |||||
| Name: Xxxxx Xxxxxxx | Name: Xxxxxxxx X. Xxxxxxxx | |||||||
| Title: Senior Vice President | Title: | |||||||
| Date: Dec. 14th, 2006 | Date: 11 December 2006 | |||||||
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Durham Division
DUKE UNIVERSITY, a North Carolina
|
) | |||||
nonprofit and educational institution; and
|
) | |||||
| ) | ||||||
Delaware corporation,
|
) | |||||
| ) | ||||||
Plaintiffs,
|
) | |||||
| ) | ||||||
v.
|
) | |||||
| ) | Civil Action No. 1:04CV00532 | |||||
ELAN CORPORATION, plc, an Irish
|
) | |||||
corporation; ELAN PHARMA
|
) | |||||
INTERNATIONAL LTD., an Irish corporation;
|
) | |||||
ELAN PHARMACEUTICALS, INC., a
|
) | |||||
Delaware corporation; EISAI, INC., a Delaware
|
) | |||||
corporation; EISAI CO., LTD., a Japanese
|
) | |||||
corporation; and XXXXXXXX X. XXXXXXXX, an
|
) | |||||
individual,
|
) | |||||
| ) | ||||||
Defendants.
|
) | |||||
| ) |
STIPULATION OF DISMISSAL
DUKE UNIVERSITY, a North Carolina nonprofit and educational institution; and OREXIGEN
THERAPEUTICS, INC., a Delaware corporation, Plaintiffs, and ELAN CORPORATION, plc, an Irish
corporation; ELAN PHARMA INTERNATIONAL LTD., an Irish corporation; ELAN PHARMACEUTICALS, INC., a
Delaware corporation; EISAI, INC., a Delaware corporation; and EISAI CO., LTD., a Japanese
corporation, and XXXXXXXX X. XXXXXXXX, an individual, Defendants, having settled and resolved this
action, HEREBY STIPULATE AND AGREE that this action be, and it hereby is, dismissed with prejudice
pursuant to Fed.R.Civ.P. 41(a)(1)(ii). Each party shall bear its own costs and attorneys’ fees.
| DUKE UNIVERSITY and OREXIGEN | ||||
| THERAPEUTICS, INC. | ||||
| By: | ||||
| Xxxx X. Xxxxxx (N.C. Bar # 9860) | ||||
| XXXXXX & BIRD LLP | ||||
| Suite 4000, Bank of America Plaza | ||||
| 000 Xxxxx Xxxxx Xxxxxx | ||||
| Xxxxxxxxx, XX 00000 | ||||
| Telephone: (000) 000-0000 | ||||
| Facsimile: (000) 000-0000 | ||||
| Xxxxx X. Xxxxxxx | ||||
| Xxxx X. Xxxxxxx | ||||
| Xxxxxx X. Xxxxxxx | ||||
| XXXXXX XXXXXXX XXXXX & BEAR, LLP | ||||
| 0000 Xxxx Xxxxxx, 00xx Xxxxx | ||||
| Xxxxxx, XX 00000 | ||||
| ELAN CORPORATION, plc, ELAN PHARMA | ||||
| INTERNATIONAL LTD., and ELAN | ||||
| PHARMACEUTICALS, INC., and XXXXXXXX | ||||
| X. XXXXXXXX | ||||
| By: | ||||
| Xxxx Xxxxxxxx (N.C. Bar # 11094) | ||||
| BROOKS, PIERCE, XXXXXXXX, | ||||
| XXXXXXXX & XXXXXXX LLP | ||||
| 000 Xxxxxxxxxxx Xxxxx | ||||
| 000 Xxxxx Xxx Xx. | ||||
| XX Xxx 00000 | ||||
| Xxxxxxxxxx, XX 00000 | ||||
| Telephone: (000) 000-0000 | ||||
| Facsimile: (000) 000-0000 | ||||
| Xxxxxx X. Xxxxxxx | ||||
| XXXXXX & XXXXXXX LLP | ||||
| 000 Xxxxx Xxx., Xxxxx 0000 | ||||
| Xxx Xxxx, XX 00000-0000 |
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| EISAI, INC. and EISAI CO., LTD. | ||||
| By: | ||||
| Xxxxxxx X. Xxxxxxxx (N.C. Bar # ) | ||||
| XXXXX XXXXX LLP | ||||
| Xxxxxxxx Xxxxx, Xxxxx 0000 | ||||
| 000 Xxxxx Xxxxxx Xxxxxx | ||||
| Post Office Box 21927 | ||||
| Xxxxxxxxxx, XX 00000 | ||||
| Telephone: (000) 000-0000 | ||||
| Facsimile: (000) 000-0000 | ||||
| Xxxxxxxxxxx X. Xxxxx, Esq. | ||||
| Xxxxxxx X. Xxxxxx, Esq. | ||||
| Xxxxx X. Xxxxx, Esq. | ||||
| XXXXXXXXX & XXXXXXX | ||||
| 0000 Xxxxxxxxxxxx Xxx. XX | ||||
| Xxxxxxxxxx, XX 00000 | ||||
| Xxxxx X. Xxxxxxxx, Esq. | ||||
| XXXXXXXXX & XXXXXXX | ||||
| Xxx Xxxxx Xxxxxx | ||||
| Xxx Xxxxxxxxx, XX 00000 |
SO
ORDERED this ___ day of , 2006.
United States District Judge
|
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