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Actelion Ltd.. (11/21/11). "Press Release: Judgment in Litigation between Actelion and Asahi Kasei Is Issued by Californian Court. Original Jury Verdict Reduced by almost UDS 170 Million – Actelion Set to Appeal the Entire Verdict". Allschwil.

Region Region California (federal state)
  Country United States (USA)
Organisations Organisation Actelion Ltd. (SIX: ATLN)
  Group Johnson & Johnson (JnJ) (Group)
  Organisation 2 Asahi Kasei Pharma Corporation
  Group Asahi Kasei Corporation (Group)
Product Product Fasudil
     


Actelion (SIX: ATLN) today confirmed its intention to appeal the verdict in the case of Asahi Kasei Pharma Corp. v. Actelion Ltd. et al (case number CIV 478533, Superior Court of the State of California, County of San Mateo). This decision follows Friday's issuance of an amended final judgment by the trial court.

Prior to the judgment, Asahi consented to a further reduction of USD 99.2 million from the jury award rather than opt for a new trial limited to compensatory damages. When combined with the court's 29 July 2011 reduction of USD 70.35 million - the court's award now stands at USD 407.325 million, which includes punitive damages of USD 30 million against certain individual officers of the company. In addition, the court awarded USD 8.3 million in pre-judgment interest and costs.

The company and its external advisors continue to believe that the jury verdict and the trial court's judgment are neither supported by the facts nor correct as a matter of law. The company strongly believes there are significant grounds for a successful appeal, notice of which will be filed with the California Courts of Appeal in due course.

About Actelion's provisions

Actelion recorded a provision of USD 577 million (CHF 485.2 million) in the second quarter financial statements. On 29 July 2011, Actelion announced that the court had granted Actelion's post-trial motion for the offset of a previous arbitration payment and applied a reduction of USD 70.35 million to the 4 May 2011 jury award of USD 577 million. As a result, the provision was adjusted in the third quarter financial statements to reflect CHF 430.2 million. The provision will now be adjusted further in the Full Year financial statements to reflect the final award pending appeal. In addition, the pre-judgment interest charge included in the final award was also recorded in the second and third quarter financial statements based on the preliminary award and will now be adjusted to reflect the interest charge on the final award pending appeal.

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Notes to the Editor

About the complaint

Case number CIV 478533, Superior Court of the State of California, County of San Mateo. On 19 November, 2008, plaintiff Asahi Kasei Pharma Corporation ("Asahi") filed a complaint at the State Court in California, US, against Actelion Ltd and its subsidiaries Actelion Pharmaceuticals US Inc., Actelion Pharmaceuticals Ltd, Actelion US Holding Company, CoTherix, Inc. ("CoTherix") and three individual officers. The action arises from a dispute involving the license and development agreement between Asahi and CoTherix for the drug compound fasudil that has been terminated upon the acquisition of CoTherix in 2007.

About the jury verdict, judgment and the upcoming appeal

On 4 May 2011 a jury awarded Asahi Kasei Pharma ("Asahi") up to USD 547 million in compensatory damages (358.95 million in alleged lost profits and 187.4 million for alleged development costs). In addition, the jury awarded punitive damages of USD 30 million against certain individual officers of the company.

In May 2011, Actelion filed motions asking for an election between damages of USD 358.95 million for alleged lost profits or USD 187.4 million in alleged development costs. In addition, from either amount the motion is asking for the deduction (off-set) of USD 78.4 million from a previous payment related to arbitration proceedings in 2009.

On 28 July 2011 the court granted Actelion's post-trial motion for offset of a previous arbitration payment and applied a reduction of USD 70.35 million to the 4 May jury award. On procedural grounds, the court denied Actelion's post-trial motion for an election between damages for alleged lost profits and alleged development costs indicating that the appropriate time for such an issue to be considered is after judgment has been entered.

Following entry of judgment in August 2011, Actelion filed several motions, including one asking for an election between damages for alleged lost profits or alleged development costs.

On 20 October 2011 the court granted Actelion's motion for a new trial on compensatory damages unless Asahi consented to a reduction of the jury award by a further USD 99.2 million. Following Asahi's consent to this reduction, the trial court's amended final judgment of USD 407.325 million and additional pre-judgment interest and costs of USD 8.3 million, was issued on 18 November 2011.

The company and its external advisors believe that the jury verdict and trial court judgment are neither supported by the facts nor correct as a matter of law. The company strongly believes that there are significant grounds for a successful appeal, notice of which will be filed with the California Courts of Appeal in due course.


Actelion Ltd.

Actelion Ltd is a biopharmaceutical company with its corporate headquarters in Allschwil/Basel, Switzerland. Actelion's first drug Tracleer®, an orally available dual endothelin receptor antagonist, has been approved as a therapy for pulmonary arterial hypertension. Actelion markets Tracleer® through its own subsidiaries in key markets worldwide, including the United States (based in South San Francisco), the European Union, Japan, Canada, Australia and Switzerland. Actelion, founded in late 1997, is a leading player in innovative science related to the endothelium - the single layer of cells separating every blood vessel from the blood stream. Actelion's over 2,500 employees focus on the discovery, development and marketing of innovative drugs for significant unmet medical needs. Actelion shares are traded on the SIX Swiss Exchange (ticker symbol: ATLN) as part of the Swiss blue-chip index SMI (Swiss Market Index SMI®).

For further information please contact:

Roland Haefeli
Senior Vice President,
Head of Investor Relations & Public Affairs
Actelion Pharmaceuticals Ltd,
Gewerbestrasse 16, CH-4123 Allschwil
+41 61 565 62 62
+1 650 624 69 36
www.actelion.com

   
Record changed: 2019-06-09

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