`
`John E. Flaherty
`Ravin R. Patel
`McCARTER & ENGLISH LLP
`Four Gateway Center
`100 Mulberry St.
`Newark, NJ 07102
`(973) 622-4444
`
`Attorneys for Plaintiff Horizon
`Therapeutics, Inc.
`
`Robert F. Green
`Emer L. Simic
`Ann K. Kotze
`GREEN GRIFFITH & BORG-BREEN LLP
`NBC Tower, Suite 3100
`455 North Cityfront Plaza Drive
`Chicago, Illinois 60611
`(312) 883-8000
`
`Of Counsel for Plaintiff Horizon
`Therapeutics, Inc.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`HORIZON THERAPEUTICS, INC.,
`
`Plaintiff,
`
`v.
`
`PAR PHARMACEUTICAL, INC.,
`
` Defendant.
`
`Civil Action No. 1:16-cv-________
`
`COMPLAINT
`
`Plaintiff Horizon Therapeutics, Inc., by its undersigned attorneys, brings this action
`
`against Defendant Par Pharmaceutical, Inc. (“Defendant” or “Par”), and hereby allege as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35 of the United States Code, arising from Defendant’s filing of an Abbreviated
`
`New Drug Application (“ANDA”) with the United States Food and Drug Administration
`
`(“FDA”) seeking approval to market a generic version of Plaintiff’s pharmaceutical product
`
`RAVICTI® (glycerol phenylbutyrate) (“RAVICTI®”) prior to the expiration of United States
`
`Patent Nos. 9,095,559 (“the ’559 patent”), 9,254,278 (“the ’278 patent”), and 9,326,966 (“the
`
`’966 patent”).
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 2 of 14 PageID: 2
`
`THE PARTIES
`
`2.
`
`Plaintiff Horizon Therapeutics, Inc. is a corporation organized and existing under
`
`the laws of the State of Delaware, with a principal place of business at 150 S. Saunders Road,
`
`Lake Forest, IL 60045.
`
`3.
`
`On information and belief, Defendant Par Pharmaceutical, Inc., is a corporation
`
`organized and existing under the laws of the State of Delaware, having a principal place of
`
`business at 6 Ram Ridge Rd, Chestnut Ridge, NY 10977.
`
`4.
`
`On information and belief, Par is in the business of, inter alia, developing,
`
`manufacturing, obtaining regulatory approval, marketing, selling, and distributing generic copies
`
`of branded pharmaceutical products throughout the United States, including within this judicial
`
`district, through its own actions.
`
`5.
`
`On information and belief, Par is registered to do business in the State of New
`
`Jersey under Business ID Number 0100071541 and is registered as a manufacturer and
`
`wholesale distributor of drugs in the State of New Jersey under Registration Number 5004032.
`
`6.
`
`Par has filed Abbreviated New Drug Application (“ANDA”) No. 205742 (“the
`
`Par ANDA”) with the Food and Drug Administration (“FDA”) seeking approval to market and
`
`sell a generic version of RAVICTI® (glycerol phenylbutyrate oral liquid) (“the Par Product”)
`
`throughout the United States, including in New Jersey.
`
`7.
`
`On information and belief, Par has availed itself of the rights, benefits and
`
`privileges of this Court by filing at least one complaint for patent infringement in the District of
`
`New Jersey: Par Pharmaceutical, Inc. and Par Sterile Products, LLC v. Luitpold
`
`Pharmaceuticals, Inc., Daiichi Sankyo, Inc. and Daiichi Sankyo Co., Ltd., Civil Action No. 2:16-
`
`cv-02290.
`
`2
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`
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`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 3 of 14 PageID: 3
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`8.
`
`On information and belief, Par has admitted to, consented to or has not contested,
`
`the jurisdiction of this Court in at least one prior District of New Jersey action: Merck Sharp &
`
`Dohme Corp. v. Par Sterile Products, LLC, Par Pharmaceutical, Inc., Par Pharmaceutical
`
`Companies, Inc., and Par Pharmaceutical Holdings, Inc., Civil Action No. 3:16-cv-00948; Jazz
`
`Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited v. Par Pharmaceutical, Inc.,
`
`Civil Action No. 2:15-cv-07580; and Alcon Pharmaceuticals, Ltd., Alcon Laboratories, Inc., and
`
`Alcon Research, Ltd. v. Par Pharmaceutical, Inc., 3:15-cv-07240.
`
`9.
`
`On information and belief, Par has availed itself of the rights, benefits and
`
`privileges of this Court by asserting counterclaims in at least three prior District of New Jersey
`
`actions: Merck Sharp & Dohme Corp. v. Par Sterile Products, LLC, Par Pharmaceutical, Inc.,
`
`Par Pharmaceutical Companies, Inc., and Par Pharmaceutical Holdings, Inc., Civil Action No.
`
`3:16-cv-00948; Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited v. Par
`
`Pharmaceutical, Inc., Civil Action No. 2:15-cv-07580; and Alcon Pharmaceuticals, Ltd., Alcon
`
`Laboratories, Inc., and Alcon Research, Ltd. v. Par Pharmaceutical, Inc., 3:15-cv-07240.
`
`JURISDICTION AND VENUE
`
`10.
`
`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
`
`§§ 1331, 1338(a), 2201 and 2202.
`
`11.
`
`This Court has personal jurisdiction over Defendant by virtue of, inter alia, its
`
`presence in New Jersey, having conducted business in New Jersey, having availed itself of the
`
`rights and benefits of New Jersey law such that it should reasonably anticipate being haled into
`
`court in this judicial district, previously submitting to personal jurisdiction in this Court, availing
`
`itself of the jurisdiction of this Court (e.g., by the assertion of claims and counterclaims), and
`
`having engaged in systematic and continuous contacts with the State of New Jersey through the
`
`
`
`3
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 4 of 14 PageID: 4
`
`marketing and sales of generic drugs throughout the United States, and in particular within this
`
`judicial district, through the receipt of revenue from the sales and marketing of generic drug
`
`products, including Par products, within this judicial district.
`
`12.
`
`This Court also has personal jurisdiction over Defendant by virtue of, inter alia,
`
`Par’s filing of ANDA No. 205742 with the FDA seeking approval to market and sell Par’s
`
`Product throughout the United States, including to residents of New Jersey and Par’s intent to
`
`market and sell the Par product, if approved, to residents of this judicial districts.
`
`13.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c) and
`
`§ 1400(b).
`
`THE PATENTS-IN-SUIT
`
`14.
`
`On August 4, 2015, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued the ’559 patent entitled “Methods of Therapeutic Monitoring of Nitrogen
`
`Scavenging Drugs.” At the time of its issue, the ’559 patent was assigned to Horizon
`
`Therapeutics, Inc. Horizon Therapeutics, Inc. currently is the sole assignee and owner of all
`
`right, title and interest in and to the ’559 patent, which claims methods related to the treatment of
`
`urea cycle disorder patients with glyceryl tri-[4-phenylbutyrate] based on measurement of fasting
`
`plasma ammonia levels. A true and correct copy of the ’559 patent is attached hereto as Exhibit
`
`A.
`
`15.
`
`On February 9, 2016, the USPTO duly and legally issued the ’278 patent entitled
`
`“Methods of Therapeutic Monitoring of Nitrogen Scavenging Drugs.” At the time of its issue,
`
`the ’278 patent was assigned to Horizon Therapeutics, Inc. Horizon Therapeutics, Inc. currently
`
`is the sole assignee and owner of all right, title and interest in and to the ’278 patent, which
`
`claims methods related to the treatment of urea cycle disorder patients with glyceryl tri-[4-
`
`4
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 5 of 14 PageID: 5
`
`phenylbutyrate] based on measurement of fasting plasma ammonia levels. A true and correct
`
`copy of the ’278 patent is attached hereto as Exhibit B.
`
`16.
`
`On May 3, 2016, the USPTO duly and legally issued the ’966 patent entitled
`
`“Methods of Therapeutic Monitoring of Nitrogen Scavenging Drugs.” At the time of its issue,
`
`the ’966 patent was assigned to Horizon Therapeutics, Inc. Horizon Therapeutics, Inc. currently
`
`is the sole assignee and owner of all right, title and interest in and to the ’966 patent, which
`
`claims methods related to the treatment of urea cycle disorder patients with glyceryl tri-[4-
`
`phenylbutyrate] based on measurement of fasting plasma ammonia levels. A true and correct
`
`copy of the ’966 patent is attached hereto as Exhibit C.
`
`RAVICTI®
`
`17.
`
`Horizon Therapeutics, Inc. is the owner of FDA-approved New Drug Application
`
`No. 203284 (“the RAVICTI® NDA”) for glycerol phenylbutyrate oral liquid 1.1gm/ml, which is
`
`sold by Horizon Pharma USA, Inc. in the United States under the trademark RAVICTI®.
`
`18.
`
`RAVICTI® is currently approved by the FDA for use as a nitrogen-binding agent
`
`for chronic management of adult and pediatric patients ≥ 2 years of age with urea cycle disorders
`
`that cannot be managed by dietary protein restriction and/or amino acid supplementation alone.
`
`19.
`
`Pursuant to 21 U.S.C. § 355, and attendant FDA regulations, the ’559 patent, the
`
`’278 patent, and the ’966 patent are listed in the FDA publication entitled “Approved Drug
`
`Products and Therapeutic Equivalence Evaluations,” (“the Orange Book”) for the RAVICTI®
`
`NDA.
`
`20.
`
`The ’559 patent, the ’278 patent, and the ’966 patent qualify for listing in the
`
`Orange Book in connection with NDA No. 203284 because each patent claims an approved use
`
`of RAVICTI®.
`
`5
`
`
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 6 of 14 PageID: 6
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`PAR’S ANDA
`
`21.
`
`On information and belief, Par submitted the Par ANDA to the FDA, pursuant to
`
`21 U.S.C. § 355(j), seeking approval to market glycerol phenylbutyrate oral liquid. On
`
`information and belief, the Par ANDA seeks approval to market the Par Product for use as a
`
`nitrogen-binding agent for chronic management of adult and pediatric patients ≥ 2 years of age
`
`with urea cycle disorders that cannot be managed by dietary protein restriction and/or amino acid
`
`supplementation alone.
`
`22.
`
`On information and belief, the conditions of use for which Par seeks approval of
`
`the Par Product in the Par ANDA are the same as those set forth in the FDA-approved labeling
`
`for RAVICTI®.
`
`23.
`
`On information and belief, the Par ANDA refers to and relies upon the
`
`RAVICTI® NDA and contains data that, according to Par, demonstrate the bioequivalence of the
`
`Par Product and RAVICTI®.
`
`24.
`
`Horizon Therapeutics, Inc. received from Par a letter, dated September 14, 2015,
`
`stating that Par included a certification in the Par ANDA, pursuant to 21 U.S.C. §
`
`355(j)(2)(A)(vii)(IV) (the “Paragraph IV Certification”), that the ’559 patent is invalid,
`
`unenforceable and/or will not be infringed by the commercial manufacture, use or sale of the Par
`
`Product.
`
`25.
`
`Horizon Therapeutics, Inc. received from Par a letter, dated March 11, 2016,
`
`stating that Par included a Paragraph IV Certification in the Par ANDA that the ’278 patent is
`
`invalid, unenforceable and/or will not be infringed by the commercial manufacture, use or sale of
`
`the Par Product.
`
`26.
`
`Horizon Therapeutics, Inc. received from Par a letter, dated June 2, 2016, stating
`
`
`
`6
`
`
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 7 of 14 PageID: 7
`
`that Par included a Paragraph IV Certification in the Par ANDA that the ’966 patent is invalid,
`
`unenforceable and/or will not be infringed by the commercial manufacture, use or sale of the Par
`
`Product.
`
`27.
`
`The Par ANDA seeks approval to engage in the commercial manufacture, use,
`
`offer to sell or sale of the Par Product before the expiration of the ’559 patent, the ’278 patent,
`
`and the ’966 patent.
`
`COUNT I FOR INFRINGEMENT OF U.S. PATENT NO. 9,095,559
`
`28.
`
`Plaintiff re-alleges and incorporates by reference the allegations of paragraphs 1-
`
`27 of this Complaint.
`
`29.
`
`Defendant has infringed the ’559 patent, pursuant to 35 U.S.C. § 271(e)(2)(A), by
`
`submitting the Par ANDA which seeks approval from the FDA to engage in the commercial
`
`manufacture, use, offer to sell, sale or importation of the Par Product prior to the expiration of
`
`the ’559 patent.
`
`30.
`
`Defendant’s use, offer to sell, or sale of the Par Product within the United States,
`
`during the term of the ’559 patent also would infringe the ’559 patent under 35 U.S.C. § 271(a),
`
`(b) and/or (c).
`
`31.
`
`On information and belief, the conditions of use for the Par Product for which Par
`
`seeks approval in the Par ANDA fall within one or more of the claims of the ’559 patent. If
`
`approved, use of the Par Product in accordance with the proposed labeling submitted in the Par
`
`ANDA would infringe one or more of the claims of the ’559 patent.
`
`32.
`
`Upon approval of the Par ANDA, and the commercial marketing thereof,
`
`Defendant will actively induce and/or contribute to infringement of the ’559 patent.
`
`33.
`
`Upon information and belief, Defendant had actual and constructive notice of the
`
`
`
`7
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 8 of 14 PageID: 8
`
`’559 patent prior to filing Par’s ANDA, and Defendant’s infringement of the ’559 patent has
`
`been, and continues to be, willful.
`
`34.
`
`Plaintiff is entitled to the relief provided by 35 U.S.C. § 271(e)(4), including an
`
`order of this Court that the effective date of the approval of Par’s ANDA be a date that is not
`
`earlier than the expiration of the ’559 patent, or any later expiration of any exclusivity or
`
`extension of the ’559 patent to which Plaintiff or the patent may become entitled.
`
`35.
`
`Plaintiff will be substantially and irreparably harmed if Defendant is not enjoined
`
`from infringing or actively inducing or contributing to the infringement of the ’559 patent.
`
`36.
`
`Plaintiff has no adequate remedy at law.
`
`37.
`
`This case is exceptional, and Plaintiff is entitled to an award of attorneys’ fees
`
`under 35 U.S.C. § 285.
`
`COUNT II FOR INFRINGEMENT OF U.S. PATENT NO. 9,254,278
`
`38.
`
`Plaintiff re-alleges and incorporates by reference the allegations of paragraphs 1-
`
`37 of this Complaint.
`
`39.
`
`Defendant has infringed the ’278 patent, pursuant to 35 U.S.C. § 271(e)(2)(A), by
`
`submitting the Par ANDA which seeks approval from the FDA to engage in the commercial
`
`manufacture, use, offer to sell, sale or importation of the Par Product prior to the expiration of
`
`the ’278 patent.
`
`40.
`
`Defendant’s use, offer to sell, or sale of the Par Product within the United States,
`
`during the term of the ’278 patent also would infringe the ’278 patent under 35 U.S.C. § 271(a),
`
`(b) and/or (c).
`
`41.
`
`On information and belief, the conditions of use for the Par Product for which Par
`
`seeks approval in the Par ANDA fall within one or more of the claims of the ’278 patent. If
`
`8
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 9 of 14 PageID: 9
`
`approved, use of the Par Product in accordance with the proposed labeling submitted in the Par
`
`ANDA would infringe one or more of the claims of the ’278 patent.
`
`42.
`
`Upon approval of the Par ANDA, and the commercial marketing thereof,
`
`Defendant will actively induce and/or contribute to infringement of the ’278 patent.
`
`43.
`
`Upon information and belief, Defendant had actual and constructive notice of the
`
`’278 patent prior to filing Par’s ANDA, and Defendant’s infringement of the ’278 patent has
`
`been, and continues to be, willful.
`
`44.
`
`Plaintiff is entitled to the relief provided by 35 U.S.C. § 271(e)(4), including an
`
`order of this Court that the effective date of the approval of Par’s ANDA be a date that is not
`
`earlier than the expiration of the ’278 patent, or any later expiration of any exclusivity or
`
`extension of the ’278 patent to which Plaintiff or the patent may become entitled.
`
`45.
`
`Plaintiff will be substantially and irreparably harmed if Defendant is not enjoined
`
`from infringing or actively inducing or contributing to the infringement of the ’278 patent.
`
`46.
`
`Plaintiff has no adequate remedy at law.
`
`47.
`
`This case is exceptional, and Plaintiff is entitled to an award of attorneys’ fees
`
`under 35 U.S.C. § 285.
`
`COUNT III FOR INFRINGEMENT OF U.S. PATENT NO. 9,326,966
`
`48.
`
`Plaintiff re-alleges and incorporates by reference the allegations of paragraphs 1-
`
`47 of this Complaint.
`
`49.
`
`Defendant has infringed the ’966 patent, pursuant to 35 U.S.C. § 271(e)(2)(A), by
`
`submitting the Par ANDA which seeks approval from the FDA to engage in the commercial
`
`manufacture, use, offer to sell, sale or importation of the Par Product prior to the expiration of
`
`the ’966 patent.
`
`9
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 10 of 14 PageID: 10
`
`50.
`
`Defendant’s use, offer to sell, or sale of the Par Product within the United States,
`
`during the term of the ’966 patent also would infringe the ’966 patent under 35 U.S.C. § 271(a),
`
`(b) and/or (c).
`
`51.
`
`On information and belief, the conditions of use for the Par Product for which Par
`
`seeks approval in the Par ANDA fall within one or more of the claims of the ’966 patent. If
`
`approved, use of the Par Product in accordance with the proposed labeling submitted in the Par
`
`ANDA would infringe one or more of the claims of the ’966 patent.
`
`52.
`
`Upon approval of the Par ANDA, and the commercial marketing thereof,
`
`Defendant will actively induce and/or contribute to infringement of the ’966 patent.
`
`53.
`
`Upon information and belief, Defendant had actual and constructive notice of the
`
`’966 patent prior to filing Par’s ANDA, and Defendant’s infringement of the ’966 patent has
`
`been, and continues to be, willful.
`
`54.
`
`Plaintiff is entitled to the relief provided by 35 U.S.C. § 271(e)(4), including an
`
`order of this Court that the effective date of the approval of Par’s ANDA be a date that is not
`
`earlier than the expiration of the ’966 patent, or any later expiration of any exclusivity or
`
`extension of the ’966 patent to which Plaintiff or the patent may become entitled.
`
`55.
`
`Plaintiff will be substantially and irreparably harmed if Defendant is not enjoined
`
`from infringing or actively inducing or contributing to the infringement of the ’966 patent.
`
`56.
`
`Plaintiff has no adequate remedy at law.
`
`57.
`
`This case is exceptional, and Plaintiff is entitled to an award of attorneys’ fees
`
`under 35 U.S.C. § 285.
`
`10
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 11 of 14 PageID: 11
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for a judgment in their favor and against Defendant, and
`
`respectfully requests the following relief:
`
`A. A judgment declaring that Defendant has infringed one or more claims of U.S.
`
`Patent No. 9,095,559;
`
`B. A judgment declaring that Defendant has infringed one or more claims of U.S.
`
`Patent No. 9,254,278;
`
`C. A judgment declaring that Defendant has infringed one or more claims of U.S.
`
`Patent No. 9,326,966;
`
`D. A judgment pursuant to 35 U.S.C. § 271(e)(4) preliminarily and permanently
`
`enjoining Defendant, its officers, directors, employees, representatives, agents, parents,
`
`subsidiaries, affiliates, customers, distributors, suppliers, and those persons in active concert or
`
`participation with any of them, and its successors and assigns, from using, offering to sell, or
`
`selling the Par Product within the United States, prior to the expiration date of the ’559 patent;
`
`E. A judgment pursuant to 35 U.S.C. § 271(e)(4) preliminarily and permanently
`
`enjoining Defendant, its officers, directors, employees, representatives, agents, parents,
`
`subsidiaries, affiliates, customers, distributors, suppliers, and those persons in active concert or
`
`participation with any of them, and its successors and assigns, from using, offering to sell, or
`
`selling the Par Product within the United States, prior to the expiration date of the ’278 patent;
`
`F. A judgment pursuant to 35 U.S.C. § 271(e)(4) preliminarily and permanently
`
`enjoining Defendant, its officers, directors, employees, representatives, agents, parents,
`
`subsidiaries, affiliates, customers, distributors, suppliers, and those persons in active concert or
`
`participation with any of them, and its successors and assigns, from using, offering to sell, or
`
`11
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 12 of 14 PageID: 12
`
`selling the Par Product within the United States, prior to the expiration date of the ’966 patent;
`
`G.
`
`If Defendant uses, offers to sell, or sells the Par Product within the United States,
`
`prior to the expiration of the ’559 patent, including any extensions, a judgment awarding
`
`Plaintiff monetary relief together with interest;
`
`H.
`
`If Defendant uses, offers to sell, or sells the Par Product within the United States,
`
`prior to the expiration of the ’278 patent, including any extensions, a judgment awarding
`
`Plaintiff monetary relief together with interest;
`
`I.
`
`If Defendant uses, offers to sell, or sells the Par Product within the United States,
`
`prior to the expiration of the ’966 patent, including any extensions, a judgment awarding
`
`Plaintiff monetary relief together with interest;
`
`J.
`
`That an order be issued under 35 U.S.C. § 271(e)(4)(A) that the effective date of
`
`any FDA approval of the Par ANDA shall be a date not earlier than the expiration date of the
`
`’559 patent, the ’278 patent, and/or the ’966 patent, inclusive of any extensions;
`
`K. Attorneys’ fees in this action as an exceptional case pursuant to 35 U.S.C. § 285;
`
`L. Costs and expenses in this action;
`
`M. Such other and further relief as the Court deems just and proper.
`
`Date: June 30, 2016
`
`Respectfully submitted,
`
`s/ John E. Flaherty
`John E. Flaherty
`Ravin R. Patel
`McCARTER & ENGLISH LLP
`Four Gateway Center
`100 Mulberry St.
`Newark, NJ 07102
`(973) 622-4444
`
`Attorneys for Plaintiff Horizon Therapeutics, Inc.
`
`12
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 13 of 14 PageID: 13
`
`
`
`Robert F. Green
`Emer L. Simic
`Ann K. Kotze
`GREEN GRIFFITH & BORG-BREEN LLP
`NBC Tower, Suite 3100
`455 North Cityfront Plaza Drive
`Chicago, Illinois 60611
`
`(312) 883-8000
`
`Of Counsel for Plaintiff Horizon Therapeutics, Inc.
`
`13
`
`
`
`
`
`
`
`
`Case 1:16-cv-03910 Document 1 Filed 06/30/16 Page 14 of 14 PageID: 14
`
`CERTIFICATION PURSUANT TO L. CIV. R. 11.2
`
`Plaintiff Horizon Therapeutics, Inc., by its undersigned attorneys, hereby certify pursuant
`
`to Local Civil Rule 11.2 that the matter in controversy, to the extent that it is directed to
`
`allegations of infringement of the ’559 patent, is the subject of the following pending action,
`
`which involves different defendants and a different ANDA:
`
` Horizon Therapeutics, Inc. v. Lupin Ltd. and Lupin Pharmaceuticals Inc.,
`Civil Action No. 1:15-cv-07624-RBK-JS (D.N.J.)
`
`Respectfully submitted,
`
`s/ John E. Flaherty
`
`John E. Flaherty
`
` Ravin R. Patel
` McCARTER & ENGLISH LLP
`
`Four Gateway Center
`
`100 Mulberry St.
` Newark, NJ 07102
`
`(973) 622-4444
`
`
`
`Attorneys for Plaintiff Horizon Therapeutics, Inc.
`
`
`
` Robert F. Green
`Emer L. Simic
`Ann K. Kotze
`GREEN GRIFFITH & BORG-BREEN LLP
`NBC Tower, Suite 3100
`455 North Cityfront Plaza Drive
`Chicago, Illinois 60611
`
`(312) 883-8000
`
`
`
`Of Counsel for Plaintiff Horizon Therapeutics, Inc.
`
`14
`
`
`
`
`
`
`Date: June 30, 2016
`
`
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`
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`Case 1:16-cv-03910-RBK-JS Document 6 Filed 07/25/16 Page 1 of 1 PageID: 92
`Céacd L4Ge0G9900RBBKISS Ddounmean66 FljecdDGW025166 Feage2lo621Aea@elD 242
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`Check one box below to indicate appropriate method ofservice
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`
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`Served personally upon the defendant, Place where served:
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`cg Left copies thereof at the defendant's dwelling houseor usual place of abode with a person ofsuitable age
`and
`discretion then residing therein.
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`CO Other (specify) :
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`
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`TRAVEL
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`STATEMENT OF SERVICE FEES
`SERVICES
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`TOTAL
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`I declare under penalty of perjury underthe lawsof the United
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`ates-ofAmerica that the foregoing
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`Name ofperson with whom the summonsand complaint wereleft: Cha Stoo Cr Fraser,
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`(I Returned unexecuted:
`MANAGING AGENT
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`
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`DECLARATION OF SERVER
`
`
` information
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`Executed on
`f 7 = \(S- \ lo
`Date
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`
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`fiddiess Sc service’.
`Address ofServer
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`| RamRidge RA.
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`Chestnuk Ridge, e¥
`0977
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`‘Ty
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`J55520
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`Par Pharmaceutical, Inc. Ex. 1014
`Par v. Horizon, IPR of Patent Nos. 9,254,278, 9,095,559, and 9,326,966
`Page 15 of 15
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