definiens: ) ; WHEREAS, Paddock filed with the FDA ( as defined below ) ANDA ( as defined below ) [ * * * ] ( the ) requesting approval from the FDA to market a generic product containing N -acetylcysteine as its active ingredient in an amount of 6gm/30ml ( 200mg / ml ) and in an intravenous injectable dosage form and [ * * * ] ( the ) ; WHEREAS, Perrigo, the parent company of Paddock, filed with the FDA ANDA [ * * * ] ( the ) requesting approval from the FDA to market a generic product containing N -acetylcysteine as its active ingredient in an amount o f 6gm/30ml ( 200mg / ml ) and in an intravenous injectable dosage form [ * * * ] ( the ) ; WHEREAS, Cumberland filed Civil Action No . 12 -CV-00619 ( LPS ) in the United States District Court for the District of Delaware ( the ), in which Cumberland alleges that Defendants, by filing of the Paddock ANDA, infringed the ’ 356 Patent as specified therein ( the ) ; WHEREAS, Cumberland filed Civil Action No . 12 -CV-06327 in the United States District Court for the Northern District of Illinois Eastern Division ( the ), in which Cumberland alleges that Perrigo, by filing of the Perrigo ANDA, infringed the ’ 356 Patent as specified therein ( the, and with the First Action, the ) ; and WHEREAS, each Party desires to resolve, compromise and settle the Actions on the terms and conditions set forth herein