3 unchanged sentences
and 6,923,988 in an effort to streamline the issues and associated costs for dispute.
−Removed: Clarus answered the complaint and asserted counterclaims
−Removed: of non-infringement and invalidity.
+Added: Clarus has answered the complaint and asserted
+Added: counterclaims of non-infringement and invalidity.
We answered Clarus’s counterclaims on April 29, 2019.
−Removed: The Court held a scheduling conference
−Removed: on August 15, 2019, a claim construction hearing on February 11, 2020, and a summary judgment hearing on January 15, 2021.
−Removed: the Court granted Clarus’ motion for summary judgment, finding the asserted claims of Lipocine’s U.S.
−Removed: patents 9,034,858;
+Added: The Court held a scheduling
+Added: conference on August 15, 2019, a claim construction hearing on February 11, 2020 and a summary judgment hearing on January 15, 2021.
+Added: In May 2021, the Court granted Clarus’ motion for Summary Judgment, finding the asserted claims of Lipocine’s U.S.
and 9,757,390 invalid for failure to satisfy the written description requirement of 35 U.S.C.
−Removed: still had remaining claims before the Court.
−Removed: On July 13, 2021, we entered into the Global Agreement with Clarus which resolved all outstanding
−Removed: claims of this litigation as well as the on-going United States Patent and Trademark Office (“USPTO”) Interference No.
+Added: Clarus still had remaining claims before the Court.
+Added: On July 13, 2021, Clarus and Lipocine entered into a global settlement agreement
+Added: (“Global Agreement”) which resolved all outstanding claims of this litigation as well as the on-going United States Patent
+Added: and Trademark Office (“USPTO”) Interference No.
106,128 between the parties.
−Removed: Under the terms of the Global Agreement, Lipocine agreed to pay Clarus $4.0 million payable as follows:
−Removed: immediately, $1.0 million on July 13, 2022, and $500,000 on July 13, 2023.
−Removed: On April 29, 2022, the Company agreed to an amendment to Section
−Removed: 3.1 of the Global Agreement, pursuant to which the Company agreed to pay Clarus $1,250,000 in May 2022, with no additional payments required
+Added: Under the terms of the Global Agreement, Lipocine
+Added: agreed to pay Clarus $4.0 million payable as follows:
+Added: $2.5 million immediately, $1.0 million on July 13, 2022 and $500,000 on July 13,
+Added: On April 29,2022, the Company agreed to an amendment to Section 3.1 of the Global Agreement, pursuant to which the Company agreed
+Added: to pay Clarus $1,250,000 in May 2022, with no additional payments required thereafter.
No future royalties are owing from either party.
−Removed: On July 15, 2021, the Court dismissed with prejudice Lipocine’s claims
−Removed: and Clarus’ counterclaims.
+Added: On July 15, 2021, the Court dismissed with prejudice Lipocine’s claims and Clarus’ counterclaims.
November 14, 2019, we and certain of our officers were named as defendants in a purported shareholder class action lawsuit, Solomon
21 unchanged sentences
patent application serial number 16/818,779 (“the Lipocine ‘779 Application”) with the
−Removed: United States Patent and Trademark Office (“USPTO”).
+Added: United States Patent and Tradmark Office (“USPTO”).
On October 16 and November 3, 2020, we filed suggestions for interference
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.