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November 2012, Defendants sent Glenmark threatening letters (i) stating there is a “growingdispute between the parties regarding a possible at-risk launch of the ANDA Product” and (ii)demanding to know why Glenmark believed its then-forthcoming generic-Bactroban® drugproducts did not infringe Defendants’ patents. As a result, this action involves an actual case orcontroversy concerning the infringement and invalidity of the ’389 and ’672 patents. Glenmark seeks final judicial declarations that it does not infringe the ’389 and ’672 patents and thatthe ’389 and ’672 patents are invalid.
Glenmark Ltd. is an Indian company having its principal place of business atGlenmark House, HDO-Corporate Building, Wing -A, B D Sawant Marg, Chakala, Off WesternExpress Highway, Mumbai 400099, Maharashtra, India. Glenmark Ltd. develops andmanufactures prescription pharmaceutical drugs, including affordable, high-quality genericmedicines.3.
Glenmark USA is a Delaware corporation with its principal place of business at750 Corporate Drive, Mahwah, New Jersey 07430. Glenmark USA develops and manufacturesprescription pharmaceutical drugs, including affordable, high-quality generic medicines.Glenmark is the North American division of Glenmark Ltd.4.
On information and belief, GlaxoSmithKline, plc is a British company, with aregistered office at 980 Great West Road, Brentford, Middlesex, TW8 9GS, England. Oninformation and belief, GlaxoSmithKline, plc manufactures and sells pharmaceutical productsthroughout the United States, including within the State of Delaware.5.
According to publicly available records, GlaxoSmithKline, LLC is a Delawarecorporation, with its principal place of business at One Franklin Plaza, 200 North 16
Street,Philadelphia, Pennsylvania 19102. On information and belief, GlaxoSmithKline, LLCmanufactures and sells pharmaceutical products throughout the United States, including withinthe State of Delaware.