Filing of Complaint for Injunctive Relief requesting for continuous supply of “XIAFLEX® injection”
Asahi Kasei Pharma Corp.
Please be informed that Asahi Kasei Pharma Corporation (Headquarters: Chiyoda-ku, Tokyo, President: Yoshikazu Aoki, the “Company”) has filed a complaint requesting a preliminary injunction against Endo Ventures Limited (Headquarters: Dublin, Ireland) and Endo Pharmaceuticals, Inc. (individually, or collectively, “Endo”) et al. to require Endo to continue to supply the Company with “XIAFLEX® injection” (generic name: collagenase (clostridium histolyticum), the “Pharmaceutical”) for the treatment of Dupuytren’s Contracture. The matter was filed in the United States District Court for the Southern District of New York on September 30, 2019 (EST).
The Company has a long term Development, Commercialization and Supply Agreement with Endo which requires Endo to exclusively supply the Company with the Pharmaceutical in Japan (“Supply Agreement”). Until now, Endo has supplied the Pharmaceutical to the Company and the Company has been selling the Pharmaceutical in Japan pursuant the Supply Agreement. However, Endo, who is currently obligated to supply the Pharmaceutical, notified the Company that it will breach its obligations under the Supply Agreement and has refused to supply the Pharmaceutical to the Company. The Company has been discussing with Endo to continue the supply of the Pharmaceutical. However, Endo has not changed its intention, and there is a possibility that the continuous supply of the Pharmaceutical in Japan will be hindered unless Endo is required by a court order to continue to supply the Pharmaceutical to the Company.
The Company is making every effort to ensure a stable supply of the Pharmaceutical in Japan, in order to provide clinical practice with the option of medicinal treatment besides surgery for Dupuytren’s Contracture.