Case 1:14-cv-02758-PAC Document 3 Filed 04/17/14 Page 1 of 2
`Rev:2014-l
`
`tH-32
`
`United States D"istrict Court
`Southern District of New York
`Related Case Statement
`
`Full Caption of Later Filed Case:
`
`Kowa Company, Ltd.,
`Kowa Pharmaceuticals America, lnc., and
`Nissan Chemical lndustries, Ltd.,
`
`Plaintiff
`
`VS.
`
`1&
`
`CV 'b-i'Ëffi
`
`Case Number
`
`Amneal Pharmaceuticals, LLC,
`
`Defendant
`
`Full Caption of Earlier Filed Case:
`(including in bankruptcy appeals the relevant adversary proceeding)
`
`Kowa Company, Ltd.,
`Kowa Pharmaceuticals America, lnc., and
`Nissan Chemical lndustries, Ltd.,
`
`Plaintitf
`
`VS.
`
`Case Number
`
`1:14-cv-02497-PAC
`
`Aurobindo Pharma Limited
`and Aurobindo Pharma USA lnc
`
`Defendant
`
`Page 1
`
`

`

`Case 1:14-cv-02758-PAC Document 3 Filed 04/17/14 Page 2 of 2
`Rev: 201 4-l
`
`tH-32
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`Status of Earlier Filed Case:
`
`Closed
`
`(lf so, set forth the procedure which resulted in closure, e.9., voluntary
`dismissal, settlement, court decision. Also, state whether there is an appeal
`pending.)
`
`{
`Open
`Complaint filed on 41912014.
`
`(lf so, set forth procedural status and summarize any court rulings.)
`
`Explain in detail the reasons for your position that the newly filed case is related to the
`earlier filed case.
`Plaintiffs are the holders of a number of patents and an approved New Drug Application
`('NDA") with respect to an innovative pharmaceutical product known as Livalo@, which
`comprises the active ingredient pitavastatin.
`
`Plaintiffs previously have filed, on April 9,2014, a separate action against Aurobinclo Pharma
`Limited and Aurobindo Pharma USA lnc. in the United States District Court for the Southern
`District of New York, which was assigned to The Honorable Paul A. Crotty. The prior case (as
`does this one) seeks relief against the defendants for, inter alia, statutory infringement under 35
`U.S.,C. S 271(eX2), inducing infringement under 35 U.S.C. S 271(b), and contributory
`infringement under 35 U.S.C. S 271(c). The patents at issue in this case are also at issue in
`the previously-filed case. The previously-filed case also addresses defendants'efforts to make
`and market a generic version of plaintitfs' Livalo@ drug products prior to the expiration of the
`patents covering those products. lt was alleged that the conduct of defendants in Case No. 14
`cv 02497 constitutes, inter alia, patent infringement, inducement to infringe, and contributory
`infringement, and involves the same patents at issue in the instant action against Amneal
`Pharmaceuticals, LLC.
`
`The instant action thus will involve the same plaintiffs, the same patents, and many of the same
`facts and issues as the previously-filed action. Because The Honorable PaulA. Crotty has
`been assigned to the prior case and will be familiar with the facts, the law, and the sclence
`related to these patents, it would be in the interest of judicial economy for His Honor to preside
`over the instant case as well. As a result, it is respectfully submitted that this case should be
`assigned to The Honorable Paul A. Crotty.
`
`Signature
`
`Firm
`
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`Rwcn t_t"l
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`Page 2
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`,t t1 L6ILI
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`Date
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