throbber
Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 1 of 13 PageID #: 393
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`
` Plaintiffs,
`
`
`
`v.
`
`NOVO NORDISK INC. and NOVO
`NORDISK A/S,
`
`
`
`
`
`VIATRIS INC. and MYLAN
`PHARMACEUTICALS INC.
`
`
`
`
`
` Defendants.
`
`
`
`
`
`
`
`
`
`C.A. No. 1:23-cv-00013-TSK
`
`
`
`
`
`PLAINTIFFS’ ANSWER TO COUNTERCLAIMS
`
`Plaintiffs Novo Nordisk Inc. and Novo Nordisk A/S (collectively, “Plaintiffs”), by their
`
`undersigned attorneys, for their Answer to the counterclaims of Mylan Pharmaceuticals Inc.
`
`(“MPI”) (together with Viatris Inc., the “Defendants”) allege:
`
`
`
`PARTIES
`
`1.
`
`Plaintiffs admit, upon information and belief, based on facts alleged in MPI’s
`
`Counterclaims, that MPI purports to have a principal place of business at 3711 Collins Ferry
`
`Road, Morgantown, West Virginia 26505.
`
`2.
`
`Plaintiffs admit that, by letter to Novo Nordisk Inc. and Novo Nordisk A/S dated
`
`December 16, 2022, MPI stated that it was the owner of ANDA No. 27705 (“Defendants’
`
`ANDA”), which MPI submitted to the FDA seeking approval for semaglutide injection, 0.25
`
`mg/0.5 mL, 0.5 mg/0.5 mL, 1 mg/0.5 mL, 1.7 mg/0.75 mL, and 2.4 mg/0.75 mL single-dose
`
`prefilled pens (“Defendants’ Proposed ANDA Product”). Plaintiffs otherwise lack knowledge or
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 2 of 13 PageID #: 394
`
`
`
`
`
`information sufficient to form a belief as to the truth of the allegations of Paragraph 2 of the
`
`counterclaims and therefore deny those allegations.
`
`3.
`
`4.
`
`Plaintiffs admit the allegations of Paragraph 3.
`
`Plaintiffs admit the allegations of Paragraph 4.
`
`NATURE OF THE ACTION
`
`5.
`
`Paragraph 5 contains conclusions of law to which no answer is required. To the
`
`extent an answer is required, Plaintiffs admit that MPI purports to seek a declaratory judgement
`
`under the patent laws, 35 U.S.C. § 100 et seq., and the Declaratory Judgment Act, 28 U.S.C. §
`
`2201 et seq., that United States Patent Nos. 8,129,343 (“’343 patent”), 8,536,122 (“’122 patent”),
`
`9,764,003 (“’003 patent”), 10,888,605 (“’605 patent”), and 11,318,191 (“’191 patent”)
`
`(collectively, the “patents-in-suit”) are invalid and/or not infringed. Plaintiffs deny the
`
`remaining allegations of Paragraph 5.
`
`JURISDICTION AND VENUE
`
`6.
`
`Paragraph 6 contains conclusions of law to which no answer is required. To the
`
`extent an answer is required, Plaintiffs do not contest that this Court has subject matter
`
`jurisdiction under 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202.
`
`7.
`
`Paragraph 7 contains conclusions of law to which no answer is required. To the
`
`extent an answer is required, Plaintiffs do not contest that this Court has personal jurisdiction in
`
`this judicial district for the limited purpose of this action only.
`
`8.
`
`Paragraph 8 contains conclusions of law to which no answer is required. To the
`
`extent an answer is required, Plaintiffs do not contest venue in this judicial district for the limited
`
`purpose of this action only.
`
`2
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 3 of 13 PageID #: 395
`
`
`
`
`
`
`9.
`
`Plaintiffs admit that an actual and justiciable controversy currently exists between
`
`Plaintiffs and Defendants as to the infringement and validity of the patents-in-suit.
`
`BACKGROUND
`
`10.
`
`Plaintiffs admit, on information and belief, that MPI (as an agent or alter ego of
`
`Viatris), submitted Abbreviated New Drug Application (“ANDA”) No. 217705 (“Defendants’
`
`ANDA”) seeking to obtain FDA approval for semaglutide injection, 0.25 mg/0.5 mL, 0.5 mg/0.5
`
`mL, 1 mg/0.5 mL, 1.7 mg/0.75 mL, and 2.4 mg/0.75 mL single-dose prefilled pens
`
`(“Defendants’ Proposed ANDA Product”). Plaintiffs otherwise lack knowledge or information
`
`sufficient to form a belief as to the truth of the allegations of Paragraph 10 of the counterclaims
`
`and therefore denies those allegations.
`
`11.
`
`Plaintiffs admit that NNI holds approved New Drug Application (“NDA”) No.
`
`215256 for WEGOVY® (semaglutide) injection, for subcutaneous use, administered with 0.25
`
`mg/0.5 mL, 0.5 mg/0.5 mL, 1 mg/0.5 mL, 1.7 mg/0.75 mL and 2.4 mg/0.75 mL Pre-filled
`
`Single-dose Pens under Section 505(b) of the Federal Food Drug and Cosmetic Act (“FFDCA”).
`
`12.
`
`Plaintiffs admit that the patents in suit are listed in FDA’s Approved Drug
`
`Products with Therapeutic Equivalence Evaluations (commonly known as the “Orange Book”)
`
`in connection with WEGOVY® and the related NDA No. 215256 and claim at least the drug
`
`listed in NDA No. 215256, a method of using, or a kit containing that drug.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`Plaintiffs admit the allegations of Paragraph 13.
`
`Plaintiffs admit the allegations of Paragraph 14.
`
`Plaintiffs admit the allegations of Paragraph 15.
`
`Plaintiffs admit the allegations of Paragraph 16.
`
`Plaintiffs admit the allegations of Paragraph 17.
`
`3
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 4 of 13 PageID #: 396
`
`
`
`
`
`
`18.
`
`19.
`
`Plaintiffs admit the allegations of Paragraph 18.
`
`Plaintiffs admit that Defendants’ ANDA purports to provide “Paragraph IV”
`
`certifications under 21 U.S.C. §505(j)(2)(A)(vii)(IV) that the patents-in-suit are invalid,
`
`unenforceable, and/or will not be infringed by the commercial manufacture, use, or sale of
`
`Defendants’ Proposed ANDA Product. Plaintiffs deny that the patents-in-suit are invalid,
`
`unenforceable, and/or will not be infringed by the commercial manufacture, use, or sale of
`
`Defendants’ Proposed ANDA Product. Plaintiffs deny the remaining allegations of Paragraph
`
`19.
`
`20.
`
`Plaintiffs admit that, on December 16, 2022, MPI sent Plaintiffs a letter titled
`
`“Notice of Paragraph IV Certification Regarding U.S. Patent Nos.: 8,129,343; 8,536,122;
`
`9,764,003; 10,888,605; and 1,318,191” (“MPI’s Notice Letter”) that purported to provide
`
`Plaintiffs written notice of MPI’s Paragraph IV Certifications, pursuant to 21 U.S.C. §
`
`355(j)(2)(B) and asserted that the claims of the patents-in-suit are invalid, unenforceable, and/or
`
`will not be infringed by Defendants’ ANDA or the products or activities described therein.
`
`Plaintiffs deny that the claims of the patents-in-suit are invalid, unenforceable, and/or will not be
`
`infringed by Defendants’ ANDA or the products or activities described therein. Plaintiffs deny
`
`the remaining allegations of Paragraph 20.
`
`21.
`
`Plaintiffs admit that MPI’s Notice Letter purported to include legal and factual
`
`bases for the Paragraph IV certifications included in Defendants’ ANDA, pursuant to 21 U.S.C.
`
`§ 355(j)(2)(B)(iv)(II) and 21 C.F.R. § 314.95(c)(6). Plaintiffs deny the remaining allegations of
`
`Paragraph 21.
`
`22.
`
`Plaintiffs admit they filed the present lawsuit alleging infringement of the patents-
`
`in-suit on January 27, 2023. The remaining allegations in Paragraph 22 contain conclusions of
`
`4
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 5 of 13 PageID #: 397
`
`
`
`
`
`law to which no answer is required. To the extent an answer is required, Plaintiffs admit that, as
`
`of the submission of Defendants’ ANDA, an actual and justiciable controversy exists between
`
`Plaintiffs and Defendants as to the infringement of the patents-in-suit, including as to whether
`
`Defendants’ Proposed ANDA Product would infringe, induce infringement, or contribute to the
`
`infringement of at least one valid and enforceable claim of the patents-in-suit. Plaintiffs deny the
`
`remaining allegations of Paragraph 22.
`
`
`
`FIRST COUNTERCLAIM: DECLARATORY JUDGMENT OF NON-INFRINGEMENT
`
`OF U.S. PATENT NO. 8,129,343
`
`23.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-22 of
`
`this Answer to MPI’s Counterclaims.
`
`24.
`
`25.
`
`Plaintiffs deny the allegations of Paragraph 24.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’343 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 25.
`
`26.
`
`27.
`
`Plaintiffs deny the allegations of Paragraph 26.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to infringement of the ’343 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 27.
`
`28.
`
`The allegations in Paragraph 28 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that Defendants’ Proposed ANDA
`
`Product does not infringe the claims of the ’343 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 28.
`
`5
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 6 of 13 PageID #: 398
`
`
`
`
`
`
`
`
`
`
`29.
`
`Plaintiffs deny the allegations of Paragraph 29.
`
`SECOND COUNTERCLAIM: DECLARATORY JUDGMENT OF INVALIDITY
`
`OF U.S. PATENT NO. 8,129,343
`
`30.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-29 of
`
`this Answer to MPI’s Counterclaims.
`
`31.
`
`32.
`
`Plaintiffs deny the allegations of Paragraph 31.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’343 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 32.
`
`33.
`
`34.
`
`Plaintiffs deny the allegations of Paragraph 33.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to the validity of the ’343 patent. Plaintiffs admit that the claims of the ’343
`
`patent are valid and enforceable. Plaintiffs deny the remaining allegations of Paragraph 34.
`
`35.
`
`The allegations in Paragraph 35 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that the claims of the ’343 patent
`
`are invalid. Plaintiffs deny the remaining allegations of Paragraph 35.
`
`36.
`
`Plaintiffs deny the allegations of Paragraph 36.
`
`
`THIRD COUNTERCLAIM: DECLARATORY JUDGMENT OF NON-INFRINGEMENT
`
`OF U.S. PATENT NO. 8,536,122
`
`
`
`37.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-36 of
`
`this Answer to MPI’s Counterclaims.
`
`6
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 7 of 13 PageID #: 399
`
`
`
`
`
`
`38.
`
`39.
`
`Plaintiffs deny the allegations of Paragraph 38.
`
`Plaintiffs admit that they assert that MPI’s Proposed ANDA Product infringes the
`
`claims of the ’122 patent and will continue to assert such infringement. Plaintiffs deny the
`
`remaining allegations of Paragraph 39.
`
`40.
`
`41.
`
`Plaintiffs deny the allegations of Paragraph 40.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to infringement of the ’122 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 41.
`
`42.
`
`The allegations in Paragraph 42 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that MPI’s Proposed ANDA
`
`Product does not infringe the claims of the ’122 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 42.
`
`43.
`
`Plaintiffs deny the allegations of Paragraph 43.
`
`
`
`FOURTH COUNTERCLAIM: DECLARATORY JUDGMENT OF INVALIDITY
`
`OF U.S. PATENT NO. 8,536,122
`
`44.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-43 of
`
`this Answer to MPI’s Counterclaims.
`
`45.
`
`46.
`
`Plaintiffs deny the allegations of Paragraph 45.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’122 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 46.
`
`47.
`
`Plaintiffs deny the allegations of Paragraph 47.
`
`7
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 8 of 13 PageID #: 400
`
`
`
`
`
`
`48.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to the validity of the ’122 patent. Plaintiffs admit that the claims of the ’122
`
`patent are valid and enforceable. Plaintiffs deny the remaining allegations of Paragraph 48.
`
`49.
`
`Plaintiffs deny the allegations of Paragraph 49.
`
`
`FIFTH COUNTERCLAIM: DECLARATORY JUDGMENT OF NON-INFRINGEMENT
`
`OF U.S. PATENT NO. 9,764,003
`
`MPI incorporates by reference the allegations in the foregoing Paragraphs of its counterclaims.
`
`
` Plaintiffs incorporate by reference the averments contained in Paragraphs 1-49 of
`
`50.
`
`this Answer to MPI’s Counterclaims.
`
`51.
`
`52.
`
`Plaintiffs deny the allegations of Paragraph 51.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’003 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 52.
`
`53.
`
`54.
`
`Plaintiffs deny the allegations of Paragraph 53.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to infringement of the ’003 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 54.
`
`55.
`
`Plaintiffs deny the allegations of Paragraph 55.
`
`SIXTH COUNTERCLAIM: DECLARATORY JUDGMENT OF INVALIDITY
`
`OF U.S. PATENT NO. 9,764,003
`
`
`
`
`
`8
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 9 of 13 PageID #: 401
`
`
`
`
`
`
`56.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-55 of
`
`this Answer to MPI’s Counterclaims.
`
`57.
`
`58.
`
`Plaintiffs deny the allegations of Paragraph 57.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’003 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 58.
`
`59.
`
`60.
`
`Plaintiffs deny the allegations of Paragraph 59.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to the validity of the ’003 patent. Plaintiffs admit that the claims of the ’003
`
`patent are valid and enforceable. Plaintiffs deny the remaining allegations of Paragraph 60.
`
`61.
`
`The allegations in Paragraph 61 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that the claims of the ’003 patent
`
`are invalid. Plaintiffs deny the remaining allegations of Paragraph 61.
`
`62.
`
`Plaintiffs deny the allegations of Paragraph 62.
`
`
`
`
`
`SEVENTH COUNTERCLAIM: DECLARATORY JUDGMENT OF NON-
`
`INFRINGEMENT OF U.S. PATENT NO. 10,888,605
`
`63.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-62 of
`
`this Answer to MPI’s Counterclaims.
`
`64.
`
`Plaintiffs deny the allegations of Paragraph 64.
`
`Unless Plaintiffs are enjoined, Plaintiffs will continue to assert that MPI’s Proposed ANDA
`Product is infringing the claims of the ’605 patent and will interfere with MPI’s business with
`respect to MPI’s Proposed ANDA Product and its manufacture, use, offer for sale, and sale.
`
`
`9
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 10 of 13 PageID #: 402
`
`
`
`
`
`
`65.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’605 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 65.
`
`66.
`
`67.
`
`Plaintiffs deny the allegations of Paragraph 66.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to infringement of the ’605 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 67.
`
`68.
`
`The allegations in Paragraph 68 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that Defendants’ Proposed ANDA
`
`Product does not infringe the claims of the ’605 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 68.
`
`69.
`
`Plaintiffs deny the allegations of Paragraph 69.
`
`
`
`
`
`EIGHTH COUNTERCLAIM: DECLARATORY JUDGMENT OF INVALIDITY
`
`OF U.S. PATENT NO. 10,888,605
`
`70.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-69 of
`
`this Answer to MPI’s Counterclaims.
`
`71.
`
`72.
`
`Plaintiffs deny the allegations of Paragraph 71.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’605 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 72.
`
`73.
`
`Plaintiffs deny the allegations of Paragraph 73.
`
`10
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 11 of 13 PageID #: 403
`
`
`
`
`
`
`74.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to the validity of the ’605 patent. Plaintiffs admit that the claims of the ’605
`
`patent are valid and enforceable. Plaintiffs deny the remaining allegations of Paragraph 74.
`
`75.
`
`Plaintiffs deny the allegations of Paragraph 75.
`
`
`NINTH COUNTERCLAIM: DECLARATORY JUDGMENT OF NON-INFRINGEMENT
`
`OF U.S. PATENT NO. 11,318,191
`
`
`
`76.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-75 of
`
`this Answer to MPI’s Counterclaims.
`
`77.
`
`78.
`
`Plaintiffs deny the allegations of Paragraph 77.
`
`Plaintiffs admit that they assert that Defendants’ Proposed ANDA Product
`
`infringes the claims of the ’191 patent and will continue to assert such infringement. Plaintiffs
`
`deny the remaining allegations of Paragraph 78.
`
`79.
`
`80.
`
`Plaintiffs deny the allegations of Paragraph 79.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and Defendants as to infringement of the ’191 patent. Plaintiffs deny the remaining allegations
`
`of Paragraph 80.
`
`81.
`
`Plaintiffs deny the allegations of Paragraph 81.
`
`
`
`
`
`TENTH COUNTERCLAIM: DECLARATORY JUDGMENT OF INVALIDITY
`
`OF U.S. PATENT NO. 11,318,191
`
`82.
`
`Plaintiffs incorporate by reference the averments contained in Paragraphs 1-81 of
`
`this Answer to MPI’s Counterclaims.
`
`11
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 12 of 13 PageID #: 404
`
`
`
`
`
`
`83.
`
`84.
`
`Plaintiffs deny the allegations of Paragraph 83.
`
`Plaintiffs admit that they assert that MPI’s Proposed ANDA Product infringes the
`
`claims of the ’191 patent and will continue to assert such infringement. Plaintiffs deny the
`
`remaining allegations of Paragraph 84.
`
`85.
`
`86.
`
`Plaintiffs deny the allegations of Paragraph 85.
`
`Plaintiffs admit that an actual and justiciable controversy exists between Plaintiffs
`
`and MPI as to the validity of the ’191 patent. Plaintiffs admit that the claims of the ’191 patent
`
`are valid and enforceable. Plaintiffs deny the remaining allegations of Paragraph 86.
`
`87.
`
`The allegations in Paragraph 87 contain conclusions of law to which no answer is
`
`required. To the extent an answer is required, Plaintiffs deny that the claims of the ’191 patent
`
`are invalid. Plaintiffs deny the remaining allegations of Paragraph 87.
`
`88.
`
`Plaintiffs deny the allegations of Paragraph 88.
`
`PLAINTIFFS’ RESPONSE TO PRAYER FOR RELIEF
`
`Plaintiffs deny that Defendants are entitled to any of their requested relief or to any
`
`different relief.
`
`PLAINTIFFS’ DEFENSES TO COUNTERCLAIMS
`
`Plaintiffs hereby re-allege and incorporate by reference the allegations set forth in their
`
`Complaint in this action.
`
`First Defense
`
`Defendants’ Counterclaims fail to state a claim upon which relief may be granted.
`
`
`
`
`
`12
`
`

`

`Case 1:23-cv-00013-TSK Document 28 Filed 04/21/23 Page 13 of 13 PageID #: 405
`
`
`
`
`
`
`REQUEST FOR RELIEF
`
`WHEREFORE, Plaintiffs respectfully seek an Order:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Dismissing each of Defendants’ Counterclaims with prejudice;
`
`Denying Defendants the relief they request in their counterclaims;
`
`Entering judgment in favor of Plaintiffs against Defendants;
`
`Declaring this case to be exceptional and awarding Plaintiffs their reasonable
`
`attorneys’ fees pursuant to 35 U.S.C. § 285;
`
`Awarding Plaintiffs’ costs and expenses in this action; and
`
`Granting such other relief, in law or equity, as the Court deems just and proper.
`
`
`
`
`
`
`
`
`Of Counsel:
`
`Nicholas Groombridge
`Josephine Young
`Peter Sandel
`Jenny Wu
`Daniel Klein
`Naz E. Wehrli
`Joshua Reich
`Scott Miller
`GROOMBRIDGE, WU, BAUGHMAN
` & STONE LLP
`565 Fifth Ave
`Suite 2900
`New York, NY 10017
`(332) 269-0030
`
`Dated: April 21, 2023
`
`
`
`
`
`/s/ James F. Companion
`James F. Companion (#790)
`Sandra K. Law (#6071)
`SCHRADER COMPANION DUFF & LAW, PLLC
`401 Main Street
`Wheeling, WV 26003
`(304) 233-3390
`jfc@schraderlaw.com
`skl@schraderlaw.com
`
`Attorneys for Novo Nordisk Inc and Novo
`Nordisk A/S
`
`
`
`
`13
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket