= Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SETTLEMENT...Settlement Agreement • February 9th, 2006 • Forest Laboratories Inc • Pharmaceutical preparations • Delaware
This Settlement Agreement (the "Agreement") is made and entered into effective this 3rd day of October, 2005 ("the Effective Date"), by and between, on the one hand, Forest Laboratories, Inc., Forest Laboratories Holdings Ltd. (collectively "Forest") and H. Lundbeck A/S ("Lundbeck"), and on the other hand, Alphapharm Pty Ltd. ("Alphapharm") (collectively, the "Parties," or each separately, a "Party"). WHEREAS Forest sells LEXAPRO® brand escitalopram oxalate products in the United States (the "Territory") and those products are covered by multiple claims of U.S. Patent No. Re. 34,712 ("the '712 Patent"); WHEREAS the '712 Patent is owned by Lundbeck and licensed exclusively to Forest in the Territory; WHEREAS Alphapharm has sought approval from the U.S. Food and Drug Administration to market generic escitalopram oxalate products under two Abbreviated New Drug Applications (the "Alphapharm ANDAs"); WHEREAS Forest and Lundbeck have maintained an action (the "Action") for patent infringemen
