AbbVie 2014 Annual Report Download - page 103

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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. On July 1, 2014, the stay was lifted pursuant to the original terms of the
court order entered in 2009.
AbbVie is seeking to enforce its patent rights relating to ritonavir tablets (a drug AbbVie sells under
the trademark Norvir姞). In a case pending in the United States District Court for the Southern District of
Ohio since April 2012, AbbVie alleges that Roxane Laboratories, Inc.’s (Roxane) proposed generic product
infringes AbbVie’s patents and seeks declaratory and injunctive relief. In another case filed in the United
States District Court for the Southern District of Ohio in July 2013, AbbVie alleges that Roxane’s proposed
generic ritonavir product infringes additional AbbVie patents and seeks declaratory and injunctive relief on
these additional patents. In September 2014, AbbVie and Roxane entered into a settlement and license
agreement, the date of which license is confidential. The parties entered into a stipulation to dismiss the
Ohio litigation. In a separate case filed in the United States District Court for the District of Delaware in
May 2013, AbbVie alleges that Hetero USA Inc.’s and Hetero Labs Limited’s proposed generic ritonavir
tablets product infringes AbbVie’s patents and seeks declaratory and injunctive relief. In November 2014,
AbbVie and Hetero entered into a confidential settlement and license agreement and the litigation was
dismissed by stipulation of the parties. In a separate case filed in the United States District Court for the
District of Delaware in July 2014, AbbVie alleges that Aurobindo Pharma Limited and Aurobindo Pharma
USA Inc.’s proposed generic ritonavir tablets product infringes AbbVie’s patents and seeks declaratory and
injunctive relief. In December 2014, AbbVie and Aurobindo entered into a confidential settlement and
license agreement and the litigation was dismissed by stipulation of the parties. In a separate case filed in
the United States District Court for the District of Delaware in October 2014, AbbVie alleges that Mylan
Pharmaceutical Inc.’s proposed generic ritonavir tablets 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姞 infringes AbbVie’s patents and seeks damages and injunctive relief. In
December 2014, the parties entered into a settlement and license agreement, the terms of which are
confidential. The litigation was dismissed with prejudice.
In November 2014, five individuals filed a putative class action lawsuit on behalf of purchasers and
sellers of certain Shire plc securities between June 20 and October 14, 2014, against AbbVie and its chief
executive officer in the United States District Court for the Northern District of Illinois alleging that the
defendants made and/or are responsible for material misstatements in violation of federal securities laws in
connection with AbbVie’s proposed transaction with Shire. The complaint seeks unspecified monetary
damages and injunctive relief.
In November 2014, a putative class action lawsuit, Medical Mutual of Ohio v. AbbVie Inc., et al., was
filed against several manufacturers of testosterone replacement therapies (‘‘TRTs’’), including AbbVie, in the
United States District Court for the Northern District of Illinois on behalf of all insurance companies, health
benefit providers, and other third-party payors who paid for TRTs, including AndroGel. The claims asserted
include violations of the federal Racketeer Influenced and Corrupt Organizations Act and state consumer
fraud and deceptive trade practices laws. The complaint seeks unspecified monetary and injunctive relief.
In December 2014, a shareholder derivative lawsuit, Plumbers & Steamfitters Local 60 Pension
Plans v. J.P. Morgan Securities LLC, et al., was filed in Delaware Chancery Court, alleging that AbbVie’s
directors breached their fiduciary duties in connection with the Shire transaction approval and termination.
The lawsuit seeks unspecified compensatory damages for AbbVie, among other relief.
2014 Form 10-K 97