Sep 20, 2018

Announcement Regarding the Order to Dismiss in a Lawsuit against Chugai in the U.S.

Name of listed company: Chugai Pharmaceutical Co., Ltd.
Code number: 4519 (1st Section of Tokyo Stock Exchange)
Head office: 1-1, Nihonbashi-Muromachi 2-Chome, Chuo-ku, Tokyo
President & CEO: Tatsuro Kosaka
Inquiries to: Masahiko Uchida,
General Manager, Corporate Communications Dept.
Tel:+81-(0)3-3273-0881

As announced by Chugai Pharmaceutical Co., Ltd. on May 11, 2017 in the “Announcement of a Lawsuit Filed against Chugai,” a lawsuit was filed by Baxalta against Chugai and Genentech, Inc., a member of the Roche group in the United States District Court for the District of Delaware.  Plaintiffs filed a stipulation of dismissal with prejudice regarding plaintiffs’ claims against Chugai with the Court on September 13, 2018, and the Court issued an Order Dismissing Chugai from this lawsuit on September 19, 2018 (local time). The lawsuit against Genentech remains pending in the U.S.

The overview of the notice of dismissal is as follows:

  1. History
    Filing of a lawsuit by Baxalta May 4, 2017
    Filing of a motion to dismiss by Chugai September 13, 2017
    Filing of a notice of dismissal by Baxalta     September 13, 2018
    Court Order dismissing Chugai      September 19, 2018
  2. Circumstances from the Filing of the Lawsuit to the Dismissal
    Baxalta alleges that HEMLIBRA® (US generic name: emicizumab-kxwh), a drug for the treatment of hemophilia A developed by Chugai, for people with hemophilia A, infringes US Patent Number 7,033,590. Thus, Baxalta filed a lawsuit against Chugai and Genentech requesting relief including an injunction enjoining manufacturing, using, offering to sell, or selling HEMLIBRA within the US, or importing HEMLIBRA into the US. Chugai filed its motion to dismiss Baxalta’s complaint for lack of personal jurisdiction. Baxalta filed a stipulation dismissing  its claims against Chugai with prejudice, and the Court issued an order adopting the proposed dismissal of Chugai from this lawsuit.
  3. Plaintiffs
    (1) Name: Baxalta Incorporated
    Baxalta GmbH
    (2) Address: 1200 Lakeside Drive Bannockburn, IL 60015, USA
    Thurganerstrasse 130 Glattpark Opfikon 8152, Switzerland
  4. Prospects
    No change is expected to be made to Chugai’s financial prospects.

Trademarks used or mentioned in this release are protected by law.

Contact:

  • For Media
  • Chugai Pharmaceutical Co., Ltd.
  • Media Relations Group, Corporate Communications Dept.,
  • Tomoko Shimizu
  • Tel: +81-3-3273-0881
  • E-mail: pr@chugai-pharm.co.jp
  • For Investors
  • Chugai Pharmaceutical Co., Ltd.
  • Investor Relations Group, Corporate Communications Dept.,
  • Toshiya Sasai
  • Tel: +81-3-3273-0554
  • E-mail: ir@chugai-pharm.co.jp
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