Allergan PLC, Et Al.: Notice of Voluntary Dismissal with Prejudice

Allergan PLC, Et Al.: Notice of Voluntary Dismissal with Prejudice

Case 3:17-cv-00312-WHO Document 83 Filed 02/22/19 Page 1 of 2 1 Submitting Counsel on Signature Page 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 Case No. 17-cv-00312-WHO 13 FEDERAL TRADE COMMISSION, 14 Plaintiff, 15 v. NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE 16 ALLERGAN PLC, et al., 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 Case 3:17-cv-00312-WHO Document 83 Filed 02/22/19 Page 2 of 2 1 On February 21, 2019, Judge Goldberg in the Eastern District of Pennsylvania entered a 2 Stipulated Revised Order for Permanent Injunction and Equitable Monetary Relief in the case 3 styled Federal Trade Commission v. Cephalon, Inc., No. 08-cv-2141 (E.D. Pa.). A copy of the 4 Stipulated Revised Order for Permanent Injunction and Equitable Monetary Relief (“Permanent 5 Injunction”) is attached as Exhibit A. 6 As of August 2, 2016 Watson Laboratories, Inc. (“Watson”) is a wholly-owned indirect 7 subsidiary of Teva Pharmaceutical Industries, Ltd. (“Teva”). 8 Under the Permanent Injunction, Teva and its subsidiaries, including Watson, are prohibited 9 from entering into any agreements similar to the agreement challenged in this case. (Permanent 10 Injunction § I.) The scope of this prohibition is consistent with the relief the FTC seeks in this 11 case. See Complaint, Prayer for Relief, filed Jan. 23, 2017 (Dkt. 1). Entry of the Permanent 12 Injunction, therefore, adequately addresses any anticompetitive conduct at issue in this case. 13 Therefore, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Federal 14 Trade Commission hereby voluntarily dismisses the above-captioned matter with prejudice. No 15 defendant has filed an answer or motion for summary judgment in this case. 16 17 Dated: February 22, 2019 18 Respectfully submitted by: 19 FEDERAL TRADE COMMISSION 20 21 /s/ Markus H. Meier Markus H. Meier 22 600 Pennsylvania Avenue, N.W. Washington, DC 20580 23 Tel.: (202) 326-2756 Fax: (202) 326-3384 24 [email protected] 25 Attorney for Plaintiff Federal Trade Commission 26 27 28 .

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