throbber
Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 1 of 13 PageID #: 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No.
`
`
`
`
`
`
`
`
`
`
`))))))))))
`
`HELSINN HEALTHCARE S.A. and
`ROCHE PALO ALTO LLC,
`
`
`
`v.
`
`HOSPIRA, INC.,
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Helsinn Healthcare S.A. (“Helsinn”) and Roche Palo Alto LLC
`
`(“Roche”) (collectively, “Plaintiffs”), for their Complaint against Defendant Hospira, Inc.
`
`(“Hospira”) hereby allege as follows:
`
`THE PARTIES
`
`1.
`
`Helsinn is a Swiss corporation having its principal place of business at Via
`
`Pian Scairolo, 9, CH-6912 Lugano-Pazzallo, Switzerland.
`
`2.
`
`Roche is a company, organized and existing under the laws of the State of
`
`Delaware, having a principal place of business at One DNA Way, South San Francisco,
`
`California 94080-4990.
`
`3.
`
`Upon information and belief, Defendant Hospira is an entity organized
`
`and existing under the laws of the State of Delaware, with a principal place of business at 275
`
`North Field Drive, Lake Forest, Illinois. Upon information and belief, Defendant Hospira
`
`manufactures, markets, and/or sells various generic drug products for sale and use in the State of
`
`Delaware and throughout the United States.
`
`
`
`
`
`
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 2 of 13 PageID #: 2
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`
`
`NATURE OF THE ACTION
`
`4.
`
`This is a civil action concerning the infringement of United States Patent
`
`No. 7,947,724 (“the ’724 patent”), United States Patent No. 7,947,725 (“the ’725 patent”),
`
`United States Patent No. 7,960,424 (“the ’424 patent”), United States Patent No. 8,598,219 (“the
`
`’219 patent”), and United States Patent No. 8,729,094 (“the ’094 patent”). This action arises
`
`under the patent laws of the United States, 35 U.S.C. §§ 100 et seq., as well as the Declaratory
`
`Judgment Act, 28 U.S.C. §§ 2201-02.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has jurisdiction over the subject matter of this action pursuant
`
`to 28 U.S.C. §§ 1331 and 1338(a) and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02.
`
`6.
`
`This Court may declare the rights and other legal relations of the parties
`
`pursuant to 28 U.S.C. §§ 2201-02 because this case is an actual controversy within the Court’s
`
`jurisdiction.
`
`7.
`
`Venue is proper in this Court as to Defendant Hospira pursuant to 28
`
`U.S.C. §§ 1391(b), (c), and/or (d), and 1400(b).
`
`8.
`
`This Court has personal jurisdiction over Defendant Hospira by virtue of
`
`the fact that, inter alia, Defendant Hospira has committed, aided, abetted, contributed to, and/or
`
`participated in the commission of a tortious act of patent infringement that has led to foreseeable
`
`harm and injury to Plaintiffs. This Court has personal jurisdiction over Defendant Hospira for
`
`the additional reasons set forth below, and for other reasons that will be presented to the Court if
`
`such jurisdiction is challenged.
`
`9.
`
`This Court has personal jurisdiction over Defendant Hospira by virtue of
`
`the fact that, inter alia, it: (1) is incorporated in Delaware; (2) engages in persistent conduct
`
`within Delaware, including, upon information and belief, the preparation and submission of
`
`-2-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 3 of 13 PageID #: 3
`
`
`ANDA No. 207005; (3) has purposely availed itself of the privilege of doing business in this
`
`Judicial District; and (4) maintains extensive systematic contacts with the State of Delaware,
`
`including the marketing, distribution, and/or sale of generic pharmaceutical drugs to Delaware
`
`residents.
`
`THE PATENTS-IN-SUIT
`
`10.
`
`On May 24, 2011, the ’724 patent, titled “Liquid Pharmaceutical
`
`Formulations of Palonosetron,” was duly and legally issued to Plaintiffs as assignees. A copy of
`
`the ’724 patent is attached as Exhibit A.
`
`11.
`
`On May 24, 2011, the ’725 patent, titled “Liquid Pharmaceutical
`
`Formulations of Palonosetron,” was duly and legally issued to Plaintiffs as assignees. A copy of
`
`the ’725 patent is attached as Exhibit B.
`
`12.
`
`On June 14, 2011, the ’424 patent, titled “Liquid Pharmaceutical
`
`Formulations of Palonosetron,” was duly and legally issued to Plaintiffs as assignees. A copy of
`
`the ’424 patent is attached as Exhibit C.
`
`13.
`
`On December 3, 2013, the ’219 patent, titled “Liquid Pharmaceutical
`
`Formulations of Palonosetron,” was duly and legally issued to Plaintiffs as assignees. A copy of
`
`the ’219 patent is attached as Exhibit D.
`
`14.
`
`On May 20, 2014, the ’094 patent, titled “Liquid Pharmaceutical
`
`Formulations of Palonosetron,” was duly and legally issued to Plaintiffs as assignees. A copy of
`
`the ’094 patent is attached as Exhibit E.
`
`15.
`
` Pursuant to 21 U.S.C. § 355(b)(l), the ’724 patent, the ’725 patent, the
`
`’424 patent, the ’219 patent, and the ’094 patent are listed in the United States Food and Drug
`
`Administration (“FDA”) publication
`
`titled Approved Drug Products with Therapeutic
`
`-3-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 4 of 13 PageID #: 4
`
`
`Equivalence Evaluations (also known as the “Orange Book”) as covering Helsinn’s Aloxi®
`
`brand palonosetron hydrochloride intravenous solutions.
`
`ACTS GIVING RISE TO THIS ACTION
`
`COUNT I – INFRINGEMENT OF THE ’724 PATENT
`
`Plaintiffs reallege paragraphs 1-15 as if fully set forth herein.
`
`Upon information and belief, Defendant Hospira submitted ANDA No.
`
`
`
`16.
`
`17.
`
`207005 to the FDA under § 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
`
`§ 355(j)). ANDA No. 207005 seeks the FDA approval necessary to engage in the commercial
`
`manufacture, use, sale, offer for sale, and/or importation of generic 0.25 mg / 5 mL palonosetron
`
`hydrochloride intravenous solutions prior to the expiration of certain of Plaintiffs’ Orange Book
`
`listed patents that have the same expiration date as the ’724 patent. ANDA No. 207005
`
`specifically seeks FDA approval to market a generic version of Helsinn’s Aloxi® brand
`
`0.25 mg / 5 mL palonosetron hydrochloride intravenous solutions prior to the expiration of the
`
`’724 patent.
`
`18.
`
`Upon information and belief, ANDA No. 207005 includes a certification
`
`under § 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug and Cosmetic Act that the claims of the
`
`’724 patent are invalid. Defendant Hospira notified Plaintiffs of its certification and provided a
`
`detailed statement of the alleged basis for the certification, but did not allege noninfringement of
`
`any claim of the ’724 patent, separate and apart from its assertions that those claims are allegedly
`
`invalid.
`
`19.
`
`Defendant Hospira’s submission to the FDA of ANDA No. 207005,
`
`including the § 505(j)(2)(A)(vii)(IV) allegations, constitutes infringement of the ’724 patent
`
`under 35 U.S.C. § 271(e)(2)(A).
`
`-4-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 5 of 13 PageID #: 5
`
`
`
`20.
`
`Defendant Hospira’s active and knowing participation in, contribution to,
`
`aiding, abetting, and/or inducement of the submission to the FDA of ANDA No. 207005 and the
`
`§ 505(j)(2)(A)(vii)(IV) certification constitutes infringement of the ’724 patent under 35 U.S.C.
`
`§ 271 (e)(2)(A).
`
`21.
`
`Plaintiffs are entitled to a declaration that, if Defendant Hospira
`
`commercially manufactures, uses, offers for sale, or sells its proposed generic versions of
`
`Helsinn’s Aloxi® brand products within the United States, imports its proposed generic versions
`
`of Helsinn’s Aloxi® brand products into the United States, and/or induces or contributes to such
`
`conduct, Defendant Hospira will infringe the ’724 patent under 35 U.S.C. § 271(a), (b), and/or
`
`(c).
`
`22.
`
`Plaintiffs will be irreparably harmed by Defendant Hospira’s infringing
`
`activities unless those activities are enjoined by this Court. Plaintiffs do not have an adequate
`
`remedy at law.
`
`
`
`COUNT II – INFRINGEMENT OF THE ’725 PATENT
`
`23.
`
`24.
`
`Plaintiffs reallege paragraphs 1-22 as if fully set forth herein.
`
`Upon information and belief, Defendant Hospira submitted ANDA No.
`
`207005 to the FDA under § 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
`
`§ 355(j)). ANDA No. 207005 seeks the FDA approval necessary to engage in the commercial
`
`manufacture, use, sale, offer for sale, and/or importation of generic 0.25 mg / 5 mL palonosetron
`
`hydrochloride intravenous solutions prior to the expiration of certain of Plaintiffs’ Orange Book
`
`listed patents that have the same expiration date as the ’725 patent. ANDA No. 207005
`
`specifically seeks FDA approval to market a generic version of Helsinn’s Aloxi® brand 0.25 mg
`
`/ 5 mL palonosetron hydrochloride intravenous solutions prior to the expiration of the ’725
`
`patent.
`
`-5-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 6 of 13 PageID #: 6
`
`
`
`25.
`
`Upon information and belief, ANDA No. 207005 includes a certification
`
`under § 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug and Cosmetic Act that the claims of the
`
`’725 patent are invalid. Defendant Hospira notified Plaintiffs of its certification and provided a
`
`detailed statement of the alleged basis for the certification, but did not allege noninfringement of
`
`any claim of the ’725 patent, separate and apart from its assertions that those claims are allegedly
`
`invalid.
`
`26.
`
`Defendant Hospira’s submission to the FDA of ANDA No. 207005,
`
`including the § 505(j)(2)(A)(vii)(IV) allegations, constitutes infringement of the ’725 patent
`
`under 35 U.S.C. § 271(e)(2)(A).
`
`27.
`
`Defendant Hospira’s active and knowing participation in, contribution to,
`
`aiding, abetting, and/or inducement of the submission to the FDA of ANDA No. 207005 and the
`
`§ 505(j)(2)(A)(vii)(IV) certification constitutes infringement of the ’725 patent under 35 U.S.C.
`
`§ 271 (e)(2)(A).
`
`28.
`
`Plaintiffs are entitled to a declaration that, if Defendant Hospira
`
`commercially manufactures, uses, offers for sale, or sells its proposed generic versions of
`
`Helsinn’s Aloxi® brand products within the United States, imports its proposed generic versions
`
`of Helsinn’s Aloxi® brand products into the United States, and/or induces or contributes to such
`
`conduct, Defendant Hospira will infringe the ’725 patent under 35 U.S.C. § 271(a), (b), and/or
`
`(c).
`
`29.
`
`Plaintiffs will be irreparably harmed by Defendant Hospira’s infringing
`
`activities unless those activities are enjoined by this Court. Plaintiffs do not have an adequate
`
`remedy at law.
`
`
`
`COUNT III – INFRINGEMENT OF THE ’424 PATENT
`
`30.
`
`Plaintiffs reallege paragraphs 1-29 as if fully set forth herein.
`
`-6-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 7 of 13 PageID #: 7
`
`
`
`31.
`
`Upon information and belief, Defendant Hospira submitted ANDA No.
`
`207005 to the FDA under § 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
`
`§ 355(j)). ANDA No. 207005 seeks the FDA approval necessary to engage in the commercial
`
`manufacture, use, sale, offer for sale, and/or importation of generic 0.25 mg / 5 mL palonosetron
`
`hydrochloride intravenous solutions prior to the expiration of certain of Plaintiffs’ Orange Book
`
`listed patents that have the same expiration date as the ’424 patent. ANDA No. 207005
`
`specifically seeks FDA approval to market a generic version of Helsinn’s Aloxi® brand 0.25 mg
`
`/ 5 mL palonosetron hydrochloride intravenous solutions prior to the expiration of the ’424
`
`patent.
`
`32.
`
`Upon information and belief, ANDA No. 207005 includes a certification
`
`under § 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug and Cosmetic Act that the claims of the
`
`’424 patent are invalid. Defendant Hospira notified Plaintiffs of its certification and provided a
`
`detailed statement of the alleged basis for the certification, but did not allege noninfringement of
`
`any claim of the ’424 patent, separate and apart from its assertions that those claims are allegedly
`
`invalid.
`
`33.
`
`Defendant Hospira’s submission to the FDA of ANDA No. 207005,
`
`including the § 505(j)(2)(A)(vii)(IV) allegations, constitutes infringement of the ’424 patent
`
`under 35 U.S.C. § 271(e)(2)(A).
`
`34.
`
`Defendant Hospira’s active and knowing participation in, contribution to,
`
`aiding, abetting, and/or inducement of the submission to the FDA of ANDA No. 207005 and the
`
`§ 505(j)(2)(A)(vii)(IV) certification constitutes infringement of the ’424 patent under 35 U.S.C.
`
`§ 271 (e)(2)(A).
`
`35.
`
`Plaintiffs are entitled to a declaration that, if Defendant Hospira
`
`commercially manufactures, uses, offers for sale, or sells its proposed generic versions of
`
`-7-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 8 of 13 PageID #: 8
`
`
`Helsinn’s Aloxi® brand products within the United States, imports its proposed generic versions
`
`of Helsinn’s Aloxi® brand products into the United States, and/or induces or contributes to such
`
`conduct, Defendant Hospira will infringe the ’424 patent under 35 U.S.C. § 271(a), (b), and/or
`
`(c).
`
`36.
`
`Plaintiffs will be irreparably harmed by Defendant Hospira’s infringing
`
`activities unless those activities are enjoined by this Court. Plaintiffs do not have an adequate
`
`remedy at law.
`
`
`
`COUNT IV - INFRINGEMENT OF THE ’219 PATENT
`
`37.
`
`38.
`
`Plaintiffs reallege paragraphs 1-36 as if fully set forth herein.
`
`Upon information and belief, Defendant Hospira submitted ANDA No.
`
`207005 to the FDA under § 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
`
`§ 355(j)). ANDA No. 207005 seeks the FDA approval necessary to engage in the commercial
`
`manufacture, use, sale, offer for sale, and/or importation of generic 0.25 mg / 5 mL palonosetron
`
`hydrochloride intravenous solutions prior to the expiration of certain of Plaintiffs’ Orange Book
`
`listed patents that have the same expiration date as the ’219 patent. ANDA No. 207005
`
`specifically seeks FDA approval to market a generic version of Helsinn’s Aloxi® brand
`
`0.25 mg / 5 mL palonosetron hydrochloride intravenous solutions prior to the expiration of the
`
`’219 patent.
`
`39.
`
`Upon information and belief, ANDA No. 207005 includes a certification
`
`under § 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug and Cosmetic Act that the claims of the
`
`’219 patent are invalid. Defendant Hospira notified Plaintiffs of its certification and provided a
`
`detailed statement of the alleged basis for the certification.
`
`-8-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 9 of 13 PageID #: 9
`
`
`
`40.
`
`Defendant Hospira’s submission to the FDA of ANDA No. 207005,
`
`including the § 505(j)(2)(A)(vii)(IV) allegations, constitutes infringement of the ’219 patent
`
`under 35 U.S.C. § 271(e)(2)(A).
`
`41.
`
`Defendant Hospira’s active and knowing participation in, contribution to,
`
`aiding, abetting, and/or inducement of the submission to the FDA of ANDA No. 207005 and the
`
`§ 505(j)(2)(A)(vii)(IV) certification constitutes infringement of the ’219 patent under 35 U.S.C.
`
`§ 271 (e)(2)(A).
`
`42.
`
`Plaintiffs are entitled to a declaration that, if Defendant Hospira
`
`commercially manufactures, uses, offers for sale, or sells its proposed generic versions of
`
`Helsinn’s Aloxi® brand products within the United States, imports its proposed generic versions
`
`of Helsinn’s Aloxi® brand products into the United States, and/or induces or contributes to such
`
`conduct, Defendant Hospira will infringe the ’219 patent under 35 U.S.C. § 271(a), (b), and/or
`
`(c).
`
`43.
`
`Plaintiffs will be irreparably harmed by Defendant Hospira’s infringing
`
`activities unless those activities are enjoined by this Court. Plaintiffs do not have an adequate
`
`remedy at law.
`
`
`
`COUNT V – INFRINGEMENT OF THE ’094 PATENT
`
`44.
`
`45.
`
`Plaintiffs reallege paragraphs 1-43 as if fully set forth herein.
`
`Upon information and belief, Defendant Hospira submitted ANDA No.
`
`207005 to the FDA under § 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
`
`§ 355(j)). ANDA No. 207005 seeks the FDA approval necessary to engage in the commercial
`
`manufacture, use, sale, offer for sale, and/or importation of generic 0.25 mg / 5 mL palonosetron
`
`hydrochloride intravenous solutions prior to the expiration of certain of Plaintiffs’ Orange Book
`
`listed patents that have the same expiration date as the ’094 patent. ANDA No. 207005
`
`-9-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 10 of 13 PageID #: 10
`
`
`specifically seeks FDA approval to market a generic version of Helsinn’s Aloxi® brand 0.25 mg
`
`/ 5 mL palonosetron hydrochloride intravenous solutions prior to the expiration of the ’094
`
`patent.
`
`46.
`
`Upon information and belief, ANDA No. 207005 includes a certification
`
`under § 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug and Cosmetic Act that the claims of the
`
`’094 patent are invalid. Defendant Hospira notified Plaintiffs of its certification and provided a
`
`detailed statement of the alleged basis for the certification.
`
`47.
`
`Defendant Hospira’s submission to the FDA of ANDA No. 207005,
`
`including the § 505(j)(2)(A)(vii)(IV) allegations, constitutes infringement of the ’094 patent
`
`under 35 U.S.C. § 271(e)(2)(A).
`
`48.
`
`Defendant Hospira’s active and knowing participation in, contribution to,
`
`aiding, abetting, and/or inducement of the submission to the FDA of ANDA No. 207005 and the
`
`§ 505(j)(2)(A)(vii)(IV) certification constitutes infringement of the ’094 patent under 35 U.S.C.
`
`§ 271 (e)(2)(A).
`
`49.
`
`Plaintiffs are entitled to a declaration that, if Defendant Hospira
`
`commercially manufactures, uses, offers for sale, or sells its proposed generic versions of
`
`Helsinn’s Aloxi® brand products within the United States, imports its proposed generic versions
`
`of Helsinn’s Aloxi® brand products into the United States, and/or induces or contributes to such
`
`conduct, Defendant Hospira will infringe the ’094 patent under 35 U.S.C. § 271(a), (b), and/or
`
`(c).
`
`50.
`
`Plaintiffs will be irreparably harmed by Defendant Hospira’s infringing
`
`activities unless those activities are enjoined by this Court. Plaintiffs do not have an adequate
`
`remedy at law.
`
`
`
`-10-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 11 of 13 PageID #: 11
`
`
`
`STATEMENT REGARDING PRIOR-FILED SUIT
`
`51.
`
`Plaintiffs previously filed, on March 23, 2015, an action in the District of
`
`New Jersey seeking to enjoin Defendant Hospira from infringing the ’724, ’725, ’424, ’219, and
`
`’094 patents. That action has been assigned Civil Action No. 15-2077 (“the D.N.J. Action”).
`
`The D.N.J. Action is assigned to Judge Mary L. Cooper.
`
`52.
`
`In the D.N.J. Action, Plaintiffs alleged that the District Court for the
`
`District of New Jersey has personal jurisdiction over Defendant Hospira with regard to Plaintiffs’
`
`claim of patent infringement.
`
`53.
`
`Judicial economy would be promoted, and Plaintiffs’ choice of forum
`
`respected, if the claims related to Plaintiffs’ action for infringement of the ’724, ’725, ’424, ’219,
`
`and ’094 patents are addressed by Judge Cooper in the District of New Jersey.
`
`54.
`
`Pursuant to 21 U.S.C. § 355(j)(5)(B)(iii), a patent owner has 45 days from
`
`receipt of an ANDA Notice Letter to file suit in order to perfect its statutory right to a stay of
`
`FDA approval of an ANDA pending resolution of litigation regarding the submission of such
`
`ANDA. Plaintiffs filed this action as a further protective measure with regard to this statutory
`
`right.
`
`55.
`
`Plaintiffs expect that personal jurisdiction will be maintained in the
`
`District of New Jersey and that the action will proceed in that forum. In that circumstance, this
`
`action would be unnecessary and will be voluntarily dismissed without prejudice in favor of
`
`continued prosecution of the D.N.J. Action, transferred to the District of New Jersey for
`
`consolidation with the D.N.J. Action, or subject to such other non-substantive disposition that
`
`would ensure maintenance of Plaintiffs’ rights pursuant to 21 U.S.C. § 355(j)(5)(B)(iii).
`
`
`
`
`
`-11-
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 12 of 13 PageID #: 12
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs request that:
`
`A.
`
`A Judgment be entered declaring that Defendant Hospira has infringed the
`
`’724, ’725, ’424, ’219, and ’094 patents by submitting ANDA No. 207005;
`
`B.
`
`An Order be issued pursuant to 35 U.S.C. § 271(e)(4)(A) that the effective
`
`date of any approval of ANDA No. 207005 be a date that is not earlier than the expiration dates
`
`of the ’724, ’725, ’424, ’219, and ’094 patents, or any later expiration of exclusivity for any of
`
`those patents to which Plaintiffs are or become entitled;
`
`C.
`
`An Order be issued that Defendant Hospira, its officers, agents, servants,
`
`and employees, and those persons in active concert or participation with either of them, are
`
`preliminarily and permanently enjoined from commercially manufacturing, using, offering for
`
`sale, importing, or selling the proposed generic versions of Helsinn’s Aloxi® brand products
`
`identified in this Complaint, and any other product that infringes or induces or contributes to the
`
`infringement of the ’724, ’725, ’424, ’219, and ’094 patents, prior to the expiration of any of
`
`those patents, including any extensions to which Plaintiffs are or become entitled; and
`
`D.
`
`Plaintiffs be awarded such other and further relief as this Court deems just
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Maryellen Noreika
`_____________________________________
`Jack B. Blumenfeld (#1014)
`Maryellen Noreika (#3208)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`mnoreika@mnat.com
`Attorneys for Plaintiffs Helsinn Healthcare
`S.A. and Roche Palo Alto LLC
`
`-12-
`
`and proper.
`
`
`
`

`
`Case 1:15-cv-00264-GMS Document 1 Filed 03/25/15 Page 13 of 13 PageID #: 13
`
`
`OF COUNSEL:
`
`Joseph M. O’Malley, Jr.
`Bruce M. Wexler
`Eric W. Dittmann
`David M. Conca
`Gary Ji
`Angela C. Ni
`PAUL HASTINGS LLP
`75 East 55th Street
`New York, NY 10022
`(212) 318-6000
`Attorneys for Plaintiff Helsinn Healthcare S.A.
`
`Mark E. Waddell
`LOEB & LOEB LLP
`345 Park Avenue
`New York, NY 10154
`(212) 407-4127
`Attorneys for Plaintiff Roche Palo Alto LLC
`
`March 25, 2015
`
`
`
`-13-

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