ABII » Topics » Raw Materials

This excerpt taken from the ABII 10-K filed Mar 12, 2010.

Raw Materials

We are developing a raw material supply business, including active pharmaceutical ingredients, for biological and biosimilar applications. Ultimately, these raw materials may be used in our product candidates and/or sold to third parties. We acquired a manufacturing facility in Oelwein, Iowa in part to support these raw material activities. At various times, we may pursue revenue opportunities from sales of our raw materials, but we cannot assure any such opportunities will materialize to any meaningful degree or at all.

The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some of these raw materials and other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that may be used for that product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the FDA. Any change in or addition of a supplier not previously approved must then be submitted through a formal approval process with the FDA. From time to time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

 

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These excerpts taken from the ABII 10-K filed Mar 6, 2009.

Raw Materials

The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some of these raw materials and other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that may be used for that product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the FDA. Any change in or addition of a supplier not previously approved must then be submitted through a formal approval process with the FDA. From time to time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

Raw Materials

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some of these raw materials and
other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that may be used for that
product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the FDA. Any change in or addition of a supplier not previously approved must then be submitted through
a formal approval process with the FDA. From time to time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

STYLE="margin-top:18px;margin-bottom:0px">Intellectual Property

FACE="Times New Roman" SIZE="2">We rely on trade secrets, unpatented proprietary know-how, continuing technological innovation and patent protection to preserve our competitive position. We have over 100 issued U.S. and foreign patents, including
patents relating to Abraxane® and the technology surrounding Abraxane®. The issued patents covering

 


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Abraxane®, and methods of use and preparation of AbraxaneSIZE="1">®, currently expire through 2018, but we have additional pending U.S. and foreign patent applications covering Abraxane® that could extend the expiration
dates.

Our success depends on our ability to operate without infringing the patents and proprietary rights of third parties. We cannot
determine with certainty whether patents or patent applications of other parties will materially affect our ability to make, use, offer to sell or sell any products. A number of pharmaceutical companies, biotechnology companies, universities and
research institutions may have filed patent applications or may have been granted patents that cover aspects of our or our licensors’ products, product candidates or other technologies.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Intellectual property protection is highly uncertain and involves complex legal and factual questions. Our patents and those for which we have or will
have licensed rights may be challenged, invalidated, infringed or circumvented, and the rights granted in those patents may not provide proprietary protection or competitive advantages to us. We and our licensors may not be able to develop
patentable products. Even if patent claims are allowed, the claims may not issue, or in the event of issuance, may not be sufficient to protect the technology owned by or licensed to us.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Third-party patent applications and patents could reduce the coverage of the patents licensed, or that may be licensed to or owned by us. If patents
containing competitive or conflicting claims are issued to third parties, we may be enjoined from commercialization of products or be required to obtain licenses to these patents or to develop or obtain alternative technology. In addition, other
parties may duplicate, design around or independently develop similar or alternative technologies to our licensors or our technologies.

SIZE="2">Litigation may be necessary to enforce patents issued or licensed to us or to determine the scope or validity of another party’s proprietary rights. U.S. Patent and Trademark Office interference proceedings may be necessary if we and
another party both claim to have invented the same subject matter. Similarly, our patents and patent applications, or those of our licensors, could face other challenges, such as opposition proceedings and reexamination proceedings. Any such
challenge, if successful, could result in the invalidation of, or a narrowing of scope of, any such patents and patent applications. We could incur substantial costs and our management’s attention would be diverted if:

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

patent litigation is brought by third parties;

 







  

we are a party to or participate in patent suits brought against or initiated by us or our licensors;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

we are a party to or participate in an interference proceeding; or

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

we are a party to an opposition or reexamination proceeding.

FACE="Times New Roman" SIZE="2">In addition, we may not prevail in any of these actions or proceedings.

We are currently involved in a
patent infringement lawsuit with Élan Pharmaceutical Int’l Ltd. See “Item 3—Legal Proceedings” below.

These excerpts taken from the ABII 10-K filed Mar 31, 2008.

Raw Materials

The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some of these raw materials and other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that may be used for that product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the

 

21


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FDA. Any change in or addition of a supplier not previously approved must then be submitted through a formal approval process with the FDA. From time to time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

Raw
Materials

The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some
of these raw materials and other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that
may be used for that product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the

 


21







Table of Contents



FDA. Any change in or addition of a supplier not previously approved must then be submitted through a formal approval process with the FDA. From time to
time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

FACE="Times New Roman" SIZE="2">Intellectual Property

We rely on trade
secrets, unpatented proprietary know-how, continuing technological innovation and patent protection to preserve our competitive position. We have over 100 issued U.S. and foreign patents, including patents relating to AbraxaneFACE="Times New Roman" SIZE="1">®
and the technology surrounding Abraxane®. The issued patents covering Abraxane®
, and methods of use and preparation of Abraxane®, currently expire through 2018, but we have additional pending U.S. and foreign patent applications covering AbraxaneFACE="Times New Roman" SIZE="1">® that could extend the expiration dates.

Our success depends on our ability to
operate without infringing the patents and proprietary rights of third parties. We cannot determine with certainty whether patents or patent applications of other parties will materially affect our ability to make, use, offer to sell or sell any
products. A number of pharmaceutical companies, biotechnology companies, universities and research institutions may have filed patent applications or may have been granted patents that cover aspects of our or our licensors’ products, product
candidates or other technologies.

Intellectual property protection is highly uncertain and involves complex legal and factual questions.
Our patents and those for which we have or will have licensed rights may be challenged, invalidated, infringed or circumvented, and the rights granted in those patents may not provide proprietary protection or competitive advantages to us. We and
our licensors may not be able to develop patentable products. Even if patent claims are allowed, the claims may not issue, or in the event of issuance, may not be sufficient to protect the technology owned by or licensed to us.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Third-party patent applications and patents could reduce the coverage of the patents licensed, or that may be licensed to or owned by us. If patents
containing competitive or conflicting claims are issued to third parties, we may be enjoined from commercialization of products or be required to obtain licenses to these patents or to develop or obtain alternative technology. In addition, other
parties may duplicate, design around or independently develop similar or alternative technologies to our licensors or our technologies.

SIZE="2">Litigation may be necessary to enforce patents issued or licensed to us or to determine the scope or validity of another party’s proprietary rights. U.S. Patent and Trademark Office interference proceedings may be necessary if we and
another party both claim to have invented the same subject matter. Similarly, our patents and patent applications, or those of our licensors, could face other challenges, such as opposition proceedings and reexamination proceedings. Any such
challenge, if successful, could result in the invalidation of, or a narrowing of scope of, any such patents and patent applications. We could incur substantial costs and our management’s attention would be diverted if:

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

patent litigation is brought by third parties;

 







  

we are a party to or participate in patent suits brought against or initiated by us or our licensors;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

we are a party to or participate in an interference proceeding; or

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







  

we are a party to an opposition or reexamination proceeding.

FACE="Times New Roman" SIZE="2">In addition, we may not prevail in any of these actions or proceedings.

We are currently involved in a
patent infringement lawsuit with Élan Pharmaceutical Int’l Ltd. See “Item 3—Legal Proceedings” below.

 


22







Table of Contents


This excerpt taken from the ABII 8-K filed Nov 8, 2007.

Raw Materials

The manufacture of our products requires raw materials and other components that must meet stringent FDA requirements. Some of these raw materials and other components currently are available only from a limited number of sources. Additionally, regulatory approvals for a particular product denote the raw materials and components, and the suppliers for such materials that may be used for that product. Even when more than one supplier exists, we may elect to list, and in some cases have only listed, one supplier in our applications with the FDA. Any change in or addition of a supplier not previously approved must then be submitted through a formal approval process with the FDA. From time to time, it is necessary to maintain increased levels of certain raw materials due to the anticipation of raw material shortages or in response to market opportunities.

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