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Litigation
3 Months Ended
Mar. 31, 2019
Litigation  
Litigation

12.   Litigation

 

On April 16, 2019, Sandoz Inc. (Sandoz) and RareGen, LLC (RareGen) filed a complaint in the U.S. District Court for the District of New Jersey against us and Smiths Medical ASD, Inc. (Smiths Medical), alleging that we and Smiths Medical engaged in anticompetitive conduct in connection with plaintiffs’ efforts to launch their generic version of Remodulin. In particular, the complaint alleges that we and Smiths Medical unlawfully impeded competition by entering into an agreement to produce CADD-MS®3 cartridges specifically for the delivery of subcutaneous Remodulin, without making these cartridges available for the delivery of Sandoz’s generic version of Remodulin. The lawsuit seeks, among other things, injunctive relief, unspecified damages, treble damages and attorneys’ fees. Plaintiffs have filed a motion to expedite discovery in anticipation of a forthcoming motion seeking unspecified preliminary injunctive relief. We believe these claims to be meritless and intend to vigorously defend the litigation. However, due to the inherent uncertainty in any litigation, we cannot guarantee that an adverse outcome will not result. Any litigation of this nature could involve substantial cost, and an adverse outcome could result in substantial monetary damages and/or injunctive relief adverse to our business.