AbbVie 2012 Annual Report Download - page 39

AbbVie is seeking to enforce its patent rights relating to testosterone gel (a drug AbbVie sells
under the trademark AndroGel 1.62%). In a case filed in the United States District Court for the
District of Delaware in February 2013, AbbVie alleges that Perrigo Company’s and Perrigo Israel
Pharmaceutical Ltd.’s proposed generic product infringes an AbbVie patent and seeks declaratory and
injunctive relief.
Several pending lawsuits filed against Unimed Pharmaceuticals, Inc., Solvay Pharmaceuticals, Inc.
(a company Abbott acquired in February 2010) et al. were consolidated for pre-trial purposes in the
United States District Court for the Northern District of Georgia under the Multi District Litigation
Rules as In re AndroGel Antitrust Litigation, MDL No. 2084. These cases, brought by private plaintiffs
and the Federal Trade Commission (FTC), generally allege Solvay’s 2006 patent litigation involving
AndroGel was sham litigation and the patent litigation settlement agreement and related agreements
with three generic companies violate federal and state antitrust laws and state consumer protection and
unjust enrichment laws. Plaintiffs generally seek monetary damages and/or injunctive relief and
attorneys’ fees. MDL 2084 includes: (a) three individual plaintiff lawsuits: Supervalu, Inc. v. Unimed
Pharmaceuticals, Inc. et al., filed in April 2010 in the United States District Court for the Northern
District of Georgia; and Rite Aid Corp. et al. v. Unimed Pharmaceuticals, Inc. et al. and Walgreen Co.
et al. v. Unimed Pharmaceuticals, Inc. et al., both of which were filed in June 2009 in the United States
District Court for the Middle District of Pennsylvania and subsequently transferred to the United
States District Court for the Northern District of Georgia; (b) seven purported class actions: Meijer, Inc.
et al. v. Unimed Pharmaceuticals, Inc. et al., Rochester Drug Co-Operative, Inc. et al. v. Unimed
Pharmaceuticals, Inc. et al., and Louisiana Wholesale Drug Co., Inc. et al. v. Unimed Pharmaceuticals,
Inc. et al., all of which were filed in May 2009 in the United States District Court for the Northern
District of Georgia; Fraternal Order of Police v. Unimed Pharmaceuticals, Inc. et al., filed in September
2009 in the United States District Court for the Northern District of Georgia; Jabo’s Pharmacy, Inc. v.
Solvay Pharmaceuticals, Inc. et al., filed in October 2009 in the United States District Court for the
Eastern District of Tennessee; LeGrand v. Unimed Pharmaceuticals, Inc. et al., filed in September 2010
in the United States District Court for the Northern District of Georgia; and Health Net, Inc. v. Solvay
Pharmaceuticals, Inc., filed in February 2011 in the Northern District of Georgia; and (c) a lawsuit
brought by the FTC, Federal Trade Commission v. Watson Pharmaceuticals, Inc. et al., filed in May 2009
in the United States District Court for the Northern District of Georgia. In February 2010, Solvay’s
motion to dismiss the cases was partially granted and all of the FTC’s claims and all of the plaintiffs’
claims except those alleging sham litigation were dismissed. In May 2012, that decision was affirmed on
appeal by the United States Court of Appeals for the Eleventh Circuit. In December 2012, the United
States Supreme Court approved the FTC’s October 2012 petition for review of the Eleventh Circuit’s
decision. In September 2012, the District Court granted summary judgment in favor of Solvay on the
remaining claims of the private plaintiffs.
As previously reported, Abbott was seeking to enforce its patent rights relating to fenofibrate
tablets (a drug AbbVie sells under the trademark TriCor). In a case filed in the United States District
Court for the District of New Jersey in August 2011, Abbott and the patent owner, Laboratoires
Fournier, S.A. (Fournier), alleged infringement of three patents and sought injunctive relief against
Mylan Pharmaceuticals Inc. and Mylan, Inc. (Mylan). In a related case where Abbott was involved as a
result of its acquisition of Fournier Laboratories Ireland Ltd. (Fournier Ireland), Abbott sought to
enforce additional rights relating to fenofibrate tablets. In a case filed in the United States District
Court for the District of New Jersey in August 2011, Abbott’s subsidiary, Fournier Ireland, and joint
patent owner, Alkermes Pharma Ireland Limited (Alkermes), alleged infringement of two jointly-owned
patents and sought injunctive relief against Mylan. In the fourth quarter of 2012, these cases were
settled and dismissed without prejudice.
AbbVie is seeking to enforce its patent rights relating to ritonavir/lopinavir tablets (a drug AbbVie
sells under the trademark Kaletra). In a case filed in the United States District Court for the
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