What changed in this filing

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Item 3. Legal Proceedings

2024-02-27 compared with 2023-03-09 · 124 added, 73 removed, 255 unchanged (44% of the section changed)

6 unchanged sentences

Apotex Inc., et al., C.A.

20-cv-7870 (FLW)(TJB) (D.N.J.)

20-cv-7870 (MAS)(TJB) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug makers Apotex Inc.

17 unchanged sentences

The Court issued a revised Scheduling Order on December 20, 2022, that further extends the 30‑month stay.

The Court issued another Scheduling Order on February 17, 2023 that provides for a final pre-trial conference and trial in June 2023.

Pretrial discovery is ongoing as of the date of this submission.

The Company entered into a settlement agreement with Apotex, and on June 27, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of New Jersey.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

19 unchanged sentences

On August 1, 2022, the Court issued an Order consolidating this lawsuit with another pending lawsuit against Apotex, C.A.

20-cv-7870 (D.N.J.), discussed in Section 1, above, and administratively terminated C.A.

As of the date of this submission, C.A.

22-cv-322 (D.N.J.) remains administratively terminated.

20-cv-7870 (D.N.J.), discussed in Section I, above, and administratively terminated C.A.

22-cv-322 (D.N.J.).

In related action C.A.

20-cv-7870 (D.N.J.), the Court issued a revised Scheduling Order on December 20, 2022, that further extends the 30-month stay.

The Company entered into a settlement agreement with Apotex, and on June 27, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of New Jersey.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

RiconPharma LLC, et al., C.A.

21-cv-12133 (KM)(MAH) (D.N.J.)

21-cv-12133 (MEF)(MAH) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug maker RiconPharma LLC dated April 20, 2021, directed to nine of its Oxtellar XR ® Orange Book patents.

9 unchanged sentences

Supernus filed a motion to strike the jury demand in Ricon’s answer.

On December 6,

2021, the Court signed an Order withdrawing the Jury demand from Ricon’s answer.

On December 6, 2021, the Court signed an Order withdrawing the Jury demand from Ricon’s answer.

On December 13, 2021, Ricon filed an amended Answer to Supernus’s Complaint.

2 unchanged sentences

22-cv-6340 (D.N.J.), discussed in Section IV, below.

The Court issued a revised Scheduling Order on February 9, 2023 that provides a Joint Final Pretrial Order deadline of January 11, 2024.

Pretrial discovery is ongoing as of the date of this submission.

The Court issued a revised Scheduling Order on June 27, 2023, that provides a Joint Final Pretrial Order deadline of July 12, 2024.

The Company entered into a settlement agreement with Ricon, and on August 21, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of New Jersey.

The agreement has been submitted to the applicable government agencies.

Supernus Pharmaceuticals, Inc.

16 unchanged sentences

Ajanta Pharma Limited, C.A.

22-cv-1431 (D.

The Company received a Paragraph IV Notice Letter from generic drug maker Ajanta Pharma Limited (“Ajanta”) dated September 19, 2022, advising the Company of the filing by Ajanta of an Abbreviated New Drug Application with the U.S.

Food and Drug Administration (“FDA”) seeking approval for Oxcarbazepine Extended-Release Tablets, 150 mg, 300 mg, and 600 mg.

The Notice Letter is directed to the Oxtellar XR® Orange Book patents, namely United States Patent Nos.

7,722,898, 7,910,131, 8,617,600, 8,821,930, 9,119,791, 9,351,975, 9,370,525, 9,855,278, 10,220,042, and 11,166,960.

These patents generally cover once-a-day oxcarbazepine formulations and methods of treating seizures using those formulations.

The FDA Orange Book currently lists all ten of the Oxtellar XR® Orange Book patents as expiring on April 13, 2027.

22-cv-1431 (GBW) (D.

The Company received a Paragraph IV Notice Letter from generic drug maker Ajanta Pharma Limited (“Ajanta”) dated September 19, 2022, directed to ten of its Oxtellar XR ® Orange Book patents.

Supernus’s U.S.

and 11,166,960 generally cover once-a-day oxcarbazepine formulations and methods of treating seizures using those formulations.

The FDA Orange Book lists all ten of the Company’s Oxtellar XR ® patents as expiring on April 13, 2027.

On October 28, 2022, the Company filed a lawsuit against Ajanta alleging infringement of the Company’s ten Oxtellar XR ® patents.

3 unchanged sentences

On January 3, 2023, Ajanta answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include non-infringement and invalidity.

Ajanta also asserted Counterclaims seeking declaratory judgments of non-infringement and invalidity.

asserted Counterclaims seeking declaratory judgments of non-infringement and invalidity.

On January 24, 2023, the Company filed its Reply, denying the substantive allegations of Ajanta’s Counterclaims.

As of the date of this submission, the Court has not issued a case schedule.

The Court issued a Scheduling Order on July 13, 2023, that sets a trial date of February 10, 2025.

The Company entered into a settlement agreement with Ajanta, and on January 18, 2024, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of Delaware.

The agreement has been submitted to the applicable governmental agencies.

Trokendi XR ®

1 unchanged sentence

Ajanta Pharma Limited, et al., C.A.

21-cv-6964 (GC)(LHG) (D.N.J.)

21-cv-6964 (GC)(DEA) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug maker Ajanta Pharma Limited dated February 10, 2021, directed to ten of its Trokendi XR ® Orange Book patents.

10 unchanged sentences

On June 7, 2021, Ajanta answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include non-infringement and invalidity.

Ajanta also asserted Counterclaims seeking declaratory judgments of non‑infringement and

invalidity for the Trokendi XR® Orange Book patents.

Ajanta also asserted Counterclaims seeking declaratory judgments of non‑infringement and invalidity for the Trokendi XR ® Orange Book patents.

On June 28, 2021, the Company filed its reply, denying the substantive allegations of Ajanta’s Counterclaims.

2 unchanged sentences

The consolidation order extended the 30‑month stay preventing the FDA from approving Ajanta’s ANDA to December 16, 2023.

On January 24, 2023, the Court amended the scheduling order.

Under the amended scheduling order, the Final Pretrial Conference is set for June 26, 2023.

The amended scheduling order states that trial will begin on July 24, 2023.

Pretrial discovery is ongoing as of the date of this submission.

The Company entered into a settlement agreement with Ajanta, and on April 4, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of New Jersey.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

Torrent Pharmaceuticals Ltd., et al., C.A.

21-cv-14268 (GC)(LHG) (D.N.J.)

21-cv-14268 (GC)(DEA) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug maker Torrent Pharmaceuticals Ltd.

16 unchanged sentences

On December 17, 2021, the Court issued an order consolidating this lawsuit with the lawsuit against Ajanta, discussed in Section VI, above.

On January 24, 2023, the Court amended the scheduling order.

Under the amended scheduling order, the Final Pretrial Conference is set for June 26, 2023.

The amended scheduling order states that trial will begin on July 24, 2023.

Pretrial discovery is ongoing as of the date of this submission.

The Court held a bench trial between July 31, 2023, and August 3, 2023.

Closing arguments for the trial were held on October 4, 2023.

On December 12, 2023, the Court issued an Order enjoining Torrent from launching its generic drug product through January 31, 2024, or until the Court’s trial decision issues, whichever is sooner.

On January 30, 2024, the Court issued a Trial Opinion and Order, deciding in Supernus’s favor that the patent claims that Supernus asserted at trial against Torrent are both valid and infringed.

The parties submitted a proposed final Judgment on February 20, 2024.

Supernus Pharmaceuticals, Inc.

15 unchanged sentences

On January 10, 2022, the Company filed its reply, denying the substantive allegations of Lupin’s Counterclaims.

On February 13, 2023, the Court issued a revised scheduling order that provides for the Final Pretrial Conference on January 11, 2024, and a 5-day bench trial beginning on January 22, 2024.

Pretrial discovery is ongoing as of the date of this submission.

On May 11, 2023, the Company and Lupin filed a Stipulation and [Proposed] Order to Amend Scheduling Order, that proposed an extension of the 30-month stay to March 30, 2024, but also stated that “the parties do not object to the Court exercising its discretion to further extend the expiration of the 30-month stay beyond the Proposed Date of March 30, 2024 as the Court deems appropriate.” The Company entered into a settlement agreement with Lupin, and on November 13, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of Delaware.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

4 unchanged sentences

Supernus’s U.S.

and 10,314,790 generally cover once-a-day

topiramate formulations and methods of treating or preventing seizures and migraines using those formulations.

and 10,314,790 generally cover once-a-day topiramate formulations and methods of treating or preventing seizures and migraines using those formulations.

The FDA Orange Book currently lists United States Patent No.

14 unchanged sentences

The agreement has been submitted to the applicable governmental agencies.

___________________

[1] Previously, the Company was in a lawsuit against Zydus Pharmaceuticals (USA) Inc.

and Cadila Healthcare Limited concerning an Abbreviated New Drug Application (“ANDA”) for Zydus’s proposed generic equivalents of the 25 mg, 50 mg, and 100 mg strengths of Trokendi XR®.

A settlement agreement was entered into between the Company and Zydus Pharmaceuticals (USA) Inc.

and Cadila Healthcare Limited concerning the previous lawsuit.

See https://www.sec.gov/Archives/edgar/data/1356576/000110465917031191/a17-10293_1ex10d1.htm.

Supernus Pharmaceuticals, Inc.

4 unchanged sentences

Supernus’s U.S.

[1] Previously, the Company was in a lawsuit against Zydus Pharmaceuticals (USA) Inc.

and Cadila Healthcare Limited concerning an Abbreviated New Drug Application (“ANDA”) for Zydus’s proposed generic equivalents of the 25 mg, 50 mg, and 100 mg strengths of Trokendi XR ® .

A settlement agreement was entered into between the Company and Zydus Pharmaceuticals (USA) Inc.

and Cadila Healthcare Limited concerning the previous lawsuit.

See https://www.sec.gov/Archives/edgar/data/1356576/000110465917031191/a17-10293_1ex10d1.htm.

and 10,314,790 generally cover once-a-day topiramate formulations and methods of treating or preventing seizures and migraines using those formulations.

8 unchanged sentences

On October 3, 2022, Alkem answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include non-infringement and invalidity.

On October 26, 2022, the Court issued a scheduling order.

The scheduling order states that the Pretrial Conference will be in May 2024 and that trial will commence in June 2024.

Pretrial discovery is ongoing as of the date of this submission.

The Company entered into a settlement agreement with Alkem, and on March 20, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the Northern District of Illinois.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

Reddy’s Laboratories, Ltd., et al., C.A.

22-cv-4705 (GC)(LHG) (D.N.J.)

22-cv-4705 (GC)(JBD) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug makers Dr, Reddy’s Laboratories Ltd.

12 unchanged sentences

Filing its July 22, 2022, Complaint within 45 days of receiving DRL’s Paragraph IV certification notice entitles Supernus to an automatic stay preventing the FDA from approving DRL’s ANDA for 30 months from the date of the Company’s receipt of the Paragraph IV Notice Letter.

On October 7, 2022, DRL answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include

non-infringement and invalidity.

On February 21, 2023, the Court issued a Scheduling Order that sets the Final Pretrial Conference on June 24, 2024 and the trial to begin on July 22, 2024.

Pretrial discovery is ongoing as of the date of this submission.

On October 7, 2022, DRL answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include non-infringement and invalidity.

The Company entered into a settlement agreement with DRL, and on June 28, 2023, a stipulation of dismissal without prejudice was entered by the U.S.

District Court for the District of New Jersey.

The agreement has been submitted to the applicable governmental agencies.

Supernus Pharmaceuticals, Inc.

Ascent Pharmaceuticals Inc., et al., C.A.

23-cv-4015 (GC)(DEA) (D.N.J.)

The Company received a Paragraph IV Notice Letter from generic drug maker Ascent Pharmaceuticals Inc.

dated June 15, 2023, directed to ten of its Trokendi XR ® Orange Book patents.

Supernus’s U.S.

and 10,314,790 generally cover once-a-day topiramate formulations and methods of treating or preventing seizures and migraines using those formulations.

The FDA Orange Book currently lists United States Patent No.

8,298,576 as expiring on April 4, 2028, and United States Patent Nos.

and 10,314,790 as expiring on November 16, 2027.

On July 26, 2023, the Company filed a lawsuit against Ascent Pharmaceuticals Inc., Camber Pharmaceuticals, Inc., and Hetero Labs Ltd.

(collectively, “Ascent”) alleging infringement of the Company’s Trokendi XR ® Orange Book patents.

The Complaint—filed in the U.S.

District Court for the District of New Jersey—alleges, inter alia, that Ascent infringed the Company’s Trokendi XR ® patents by submitting to the FDA an Abbreviated New Drug Application (“ANDA”) seeking to market a generic version of Trokendi XR ® prior to the expiration of the Company’s patents.

Filing its July 26, 2023, Complaint within 45 days of receiving Ascent’s Paragraph IV certification notice entitles Supernus to an automatic stay preventing the FDA from approving Ascent’s ANDA for 30 months from the date of the Company’s receipt of the Paragraph IV Notice Letter.

On September 28, 2023, the Court entered a stipulation of dismissal without prejudice as to only defendants Camber and Hetero, which included stipulations that, among other things:

(i) Ascent Pharma will not contest personal jurisdiction or venue in this District for this Action;

(ii) Camber and Hetero will be bound by any injunction in this Action to the extent it concerns the Ascent ANDA;

and (iii) Ascent Pharma will collect and produce any relevant discovery that is in the possession, custody, or control of Camber and Hetero.

On October 11, 2023, Ascent Pharma answered the Complaint and denied the substantive allegations of the Complaint, asserting affirmative defenses that include non-infringement and invalidity.

On November 21, 2023, the Court issued a scheduling order that provides for a Pretrial Conference in July 2025 and a bench trial in July/August 2025.

Pretrial discovery is ongoing as of the date of this letter.

Supernus Pharmaceuticals, Inc.

Ascent Pharmaceuticals Inc., et al., C.A.

23-cv-5720 (E.D.N.Y.)

The Company received a Paragraph IV Notice Letter from generic drug maker Ascent Pharmaceuticals Inc.

dated June 15, 2023, directed to ten of its Trokendi XR® Orange Book patents.

Supernus’s U.S.

and 10,314,790 generally cover once-a-day topiramate formulations and methods of treating or preventing seizures and migraines using those formulations.

The FDA Orange Book currently lists United States Patent No.

8,298,576 as expiring on April 4, 2028, and United States Patent Nos.

and 10,314,790 as expiring on November 16, 2027.

On July 28, 2023, the Company filed a lawsuit against Ascent Pharmaceuticals Inc., Camber Pharmaceuticals, Inc., and Hetero Labs Ltd.

(collectively, “Ascent”) alleging infringement of the Company’s Trokendi XR® Orange Book patents.

The Complaint—filed in the U.S.

District Court for the Eastern District of New York—alleges, inter alia, that Ascent infringed the Company’s Trokendi XR® patents by submitting to the FDA an Abbreviated New Drug Application (“ANDA”) seeking to market a generic version of Trokendi XR® prior to the expiration of the Company’s patents.

Filing its July 28, 2023, Complaint within 45 days of receiving Ascent’s Paragraph IV certification notice entitles Supernus to an automatic stay preventing the FDA from approving Ascent’s ANDA for 30 months from the date of the Company’s receipt of the Paragraph IV Notice Letter.

On October 25, 2023, Supernus filed a notice of voluntary dismissal of the Complaint without prejudice.

The Court dismissed the case without prejudice on October 30, 2023.

The October 30, 2023, dismissal does not impact the co‑pending matter against Ascent, C.A.

23-cv-4015 (D.N.J.), discussed in Section XII, above.

Sage Chemical, Inc., et al.

Supernus Pharmaceuticals, Inc., et al., C.A.

22-cv-1302 (CFC) (D.

22-cv-1302 (CJB) (D.

On October 3, 2022, Sage Chemical, Inc.

and TruPharma, LLC filed a lawsuit in the United States District Court for the District of Delaware alleging that Supernus Pharmaceuticals, Inc., Britannia Pharmaceuticals Limited (“Britannia”), and US WorldMeds Partners, LLC (“US WorldMeds”) violated state and federal antitrust law in connection with APOKYN ® (apomorphine HCl).

On October 16, 2022, Plaintiffs amended their complaint to add additional defendants MDD US Enterprises, LLC, MDD US Operations, LLC (each subsidiaries of Supernus Pharmaceuticals, Inc.), USWM, LLC (“USWM”), Paul Breckinridge Jones, Sr., Herbert Lee Warren, Jr., Henry Van Den Berg, and Kristin L.

On October 16, 2022, Plaintiffs amended their complaint to add additional defendants MDD US Enterprises, LLC, MDD US Operations, LLC (each a subsidiary of Supernus Pharmaceuticals, Inc.), USWM, LLC (“USWM”), Paul Breckinridge Jones, Sr., Herbert Lee Warren, Jr., Henry Van Den Berg, and Kristin L.

On January 10, 2023, Defendants filed an Omnibus Motion to Dismiss the Amended Complaint seeking dismissal of each of Plaintiffs’ claims and the lawsuit in its entirety and US WorldMeds with USWM, Britannia, and the group of individual defendants each filed separate motions to dismiss.

Plaintiffs’ responses are due on March 13, 2023.

On January 17, 2023 the Court issued an order that the parties shall meet and confer regarding the content of a proposed Scheduling Order, and shall submit such a proposed Scheduling Order to the Court no later than February 16, 2023.

On January 25, 2023, Defendants filed a motion to stay discovery and stay the deadline to submit a proposed scheduling order pending resolutions of Defendants’ motions to dismiss.

Briefing on that motion concluded on February 6, 2023.

As of the date of this submission, the Court has not issued a decision on Defendants’ motion to stay, but the Court has ordered that the parties need not meet and confer regarding the content of a proposed Scheduling Order or submit such a proposed order while the motion to stay remains pending.

As of April 12, 2023, briefing on those motions is now complete.

Those motions remain pending.

On April 10, 2023, the Court issued a scheduling order that provides for a Pretrial Conference on March 7, 2025, and a jury trial beginning on March 24, 2025.

Pretrial discovery is ongoing as of the date of this filing.

On June 10, 2021, Newron Pharmaceuticals S.p.A.

10 unchanged sentences

Filing the Complaint within 45 days of receiving each of the Defendants' Paragraph IV notice letters entitles the Plaintiffs to an automatic stay preventing the FDA from approving the Defendants' ANDAs for 30 months from the date of the Plaintiffs' receipt of the Paragraph IV Notice Letters.

The parties agreed on a case schedule.

A trial has been set for January 8, 2024.

On March 22, 2022, defendant Optimus Pharma Pvt Ltd was dismissed from the case without prejudice.

A claim construction hearing was held on December 1, 2022.

On January 5, 2023, Defendants Aurobindo Pharma Limited and Aurobindo Pharma USA Inc were dismissed from the case without prejudice pursuant to a settlement agreement.

Fact discovery is ongoing with the remaining defendants.

Between January 5, 2023, and November 22, 2023, Plaintiffs entered into settlement agreements with all remaining defendants.

The settlement agreements have been submitted to the applicable governmental agencies.

The case is closed.

Adamas Litigation

13 unchanged sentences

The lawsuit is a qui tam complaint brought by a named individual, Zachary Silbersher, asserting rights of the Federal government and various state governments.

The lawsuit was originally filed in May 2018 under seal, and Adamas became aware of the lawsuit

when it was served.

The lawsuit was originally filed in May 2018 under seal, and Adamas became aware of the lawsuit when it was served.

The complaint alleges that patents held by Allergan and Adamas covering NAMENDA XR and Namzaric were procured through fraud on the United States Patent and Trademark Office and that these patents were asserted against potential generic manufacturers of NAMENDA XR and Namzaric to prevent the generic manufacturers from entering the market, thereby wrongfully excluding generic competition resulting in artificially high prices being charged to government payors.

3 unchanged sentences

This case is currently stayed pending Adamas's and Allergan's interlocutory appeal of the District Court's December 11, 2020 order denying Adamas's and Allergan's motions to dismiss the complaint.

The appeal is pending in the United States Court of Appeals for the Ninth Circuit (Case No.

The appeal was heard by the United States Court of Appeals for the Ninth Circuit (Case No.

Argument was held on January 10, 2022.

On August 25, 2022, the Ninth Circuit sided with the defendants by reversing the District Court’s public disclosure bar rulings and remanding the case back to the District Court to decide certain issues in the first instance.

On October 11, 2022, the plaintiff filed a petition for rehearing with the Ninth Circuit which was denied on November 3, 2022.

On October 11, 2022, the plaintiff filed a petition for rehearing with the Ninth Circuit, which was denied.

On December 23, 2022, defendants filed renewed motions to dismiss directed to the remaining unresolved issue.

The district court has set a hearing on the renewed motion to dismiss for March 17, 2023.

On March 20, 2023, the district court entered an order and final judgment dismissing with prejudice the FCA claim while declining to exercise supplemental jurisdiction over the state false claims act claims which were dismissed without prejudice.

On April 19, 2023, the plaintiff appealed the District Court's dismissal of the Federal False Claims Act claim.

The appeal remains pending in the United States Court of Appeals for the Ninth Circuit.

On December 10, 2019, a putative class action lawsuit alleging violations of the federal securities laws was filed by Ali Zaidi against Adamas and certain of Adamas's former directors and officers in federal court in the Northern District of California (Case No.

6 unchanged sentences

On January 13, 2023, the Court granted in part and denied in part Defendants’ Motion to Dismiss.

Plaintiff has until February 27, 2023 to file a third amended complaint or notice that Lead Plaintiff does not intend to amend, after which Defendants have sixty (60) days to file a motion to dismiss or otherwise respond to the operative complaint.

All claims against Adamas have been dismissed with prejudice, but claims against one of the individual defendants, who may have certain rights to indemnification, remain.

On February 27, 2023, plaintiffs advised the Court that plaintiffs would proceed only on the remaining claim against one of the individual defendants.

The individual defendant filed an answer denying the claim on April 28, 2023.

On September 21, 2023, the parties reached an agreement in principle to settle the Zaidi litigation, subject to court approval.

On October 31, 2023, the Court granted the parties' stipulation staying all proceedings and vacating all existing deadlines.

The deadline for plaintiff to file a motion for preliminary approval of the class action settlement, or for the parties to submit a joint report updating the court of settlement status, is March 1, 2024.

On March 16, 2020, a shareholder derivative lawsuit was filed by Patrick Van Camp in federal court in the Northern District of California (Case No.

4:20-cv-01815) naming Adamas and certain of Adamas's former directors and officers as defendants.

This lawsuit alleges certain of Adamas's former directors and officers breached fiduciary duties and violated the Securities Exchange Act of 1934.

Adamas is named as a nominal defendant only.

This lawsuit alleged certain of Adamas's former directors and officers breached fiduciary duties and violated the Securities Exchange Act of 1934.

Adamas was named as a nominal defendant only.

On April 6, 2020, another, virtually identical, shareholder derivative lawsuit was filed by James Druzbik in federal court in the Northern District of California (Case No.

4:20- cv-02320) naming Adamas and certain of Adamas's former directors and officers as defendants.

This lawsuit contains the same allegations, claims, and defendants as the first derivative action.

This lawsuit contained the same allegations, claims, and defendants as the first derivative action.

Adamas is named as a nominal defendant only.

In both actions, Plaintiffs seek unspecified monetary damages and other relief.

These actions have been consolidated and are stayed pending resolution of the Zaidi class action.

In both actions, Plaintiffs sought unspecified monetary damages and other relief.

These actions were consolidated.

On May 16, 2023 the court entered an order dismissing the consolidated actions, without prejudice.

The consolidated cases were closed on June 7, 2023.

Adamas believes it has strong factual and legal defenses to all actions and intends to defend itself vigorously.

2 unchanged sentences

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 3. Legal Proceedings