AbbVie 2012 Annual Report Download - page 40

Northern District of Illinois in March 2009, AbbVie alleges that Matrix Laboratories, Inc., Matrix
Laboratories, Ltd., and Mylan, Inc.’s proposed generic products infringe AbbVie’s patents and seeks
declaratory and injunctive relief. Upon Matrix’s motion in November 2009, the court granted a
five-year stay of the litigation unless good cause to lift the stay is shown.
AbbVie is seeking to enforce its patent rights relating to ritonavir tablets (a drug AbbVie sells
under the trademark Norvir). In a case filed in the United States District Court for the District of
Delaware in April 2012, AbbVie alleges that Roxane Laboratories, Inc.’s (Roxane) proposed generic
product infringes five AbbVie patents and seeks declaratory and injunctive relief. Also in April 2012,
Roxane filed a declaratory judgment action in the United States District Court for the Southern
District of Ohio alleging that two of the five AbbVie patents are invalid and not infringed by Roxane’s
proposed generic ritonavir product.
AbbVie is seeking to enforce its patent rights relating to niacin extended release tablets (a drug
AbbVie sells in the U.S. under the trademark Niaspan). In a case filed in the United States District
Court for the District of Delaware in February 2010, AbbVie alleges that Sun Pharmaceutical
Industries Ltd.’s and Sun Pharma Global FZE’s generic product infringes AbbVie’s patents and seeks
declaratory and injunctive relief. In a second case filed in the United States District Court for the
District of Delaware in June 2010, AbbVie alleges Sandoz Inc.’s proposed generic product infringes
AbbVie’s patents and seeks declaratory and injunctive relief. In a third case filed in the United States
District Court for the District of Delaware in January 2012, AbbVie alleges Zydus Pharmaceuticals
(USA), Inc.’s proposed generic product infringes AbbVie’s patents and seeks declaratory and injunctive
relief. In a fourth case filed in the United States District Court for the District of Delaware in
February 2012, AbbVie alleges that Amneal Pharmaceutical’s proposed generic product infringes
AbbVie’s patents and seeks declaratory and injunctive relief. In a fifth case filed in the United States
District Court for the District of Delaware in March 2012, AbbVie alleges that Mylan Inc. and Mylan
Pharmaceutical Inc.’s proposed generic product infringes AbbVie’s patents and seeks declaratory and
injunctive relief. In a sixth case filed in the United States District Court for the District of Delaware in
March 2012, AbbVie alleges that Watson Laboratories Inc.’s proposed generic product infringes
AbbVie’s patents and seeks declaratory and injunctive relief. In a seventh case filed in the United
States District Court for the District of Delaware in June 2012, AbbVie alleges that Kremers Urban
Pharmaceuticals Inc.’s proposed generic product infringes AbbVie’s patents and seeks declaratory and
injunctive relief.
AbbVie is seeking to enforce certain patent rights that cover the use of fully human anti-TNF
alpha antibodies with methotrexate to treat rheumatoid arthritis. In a case filed in the United States
District Court for the District of Massachusetts in May 2009, AbbVie alleges Centocor Ortho Biotech,
Inc.’s (now Janssen Biotech, Inc.’s) product Simponi infringes AbbVie’s patents and seeks damages
and injunctive relief.
AbbVie is seeking to enforce its patent rights relating to fenofibric acid capsules (a drug AbbVie
sells in the U.S. under the trademark TRILIPIX). In a case filed in the United States District Court
for the District of New Jersey in March 2011, AbbVie and its subsidiary Fournier Laboratories Ireland
Ltd. allege that Sandoz Inc.’s proposed generic product infringes AbbVie’s patent and seek injunctive
relief.
ITEM 4. MINE SAFETY DISCLOSURES
Not applicable.
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