Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 1 of 11 PageID #: 1

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1 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 1 of 11 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ELI LILLY AND COMPANY and ) THE TRUSTEES OF PRINCETON ) UNIVERSITY ) ) Plaintiffs, ) v. ) Civil Action No. 1:14-cv-1647 ) NANG KUANG PHARMACEUTICAL ) CO., LTD., and CANDA NX-2, LLC ) ) Defendants. ) COMPLAINT Plaintiffs Eli Lilly and Company ( Lilly ) and The Trustees of Princeton University ( Princeton ), by their attorneys, for their Complaint, hereby allege as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under the patent laws of the United States, Title 35, United States Code, that arises out of the filing by defendant Nang Kuang Pharmaceutical Co., Ltd. ( Nang Kuang ) of an Abbreviated New Drug Application ( ANDA ) with the U.S. Food and Drug Administration ( FDA ) seeking approval to manufacture and sell generic versions of Lilly s ALIMTA products prior to the expiration of U.S. Patent Nos. 5,344,932 ( the 932 patent ) and 7,772,209 ( the 209 patent ). ALIMTA is a chemotherapy agent used for the treatment of various types of cancer.

2 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 2 of 11 PageID #: 2 PARTIES 2. Plaintiff Eli Lilly and Company is a corporation organized and existing under the laws of the State of Indiana, having its corporate offices and principal place of business at Lilly Corporate Center, Indianapolis, Indiana Plaintiff The Trustees of Princeton University is a not-for-profit educational institution organized and existing under the laws of the State of New Jersey, having a place of business at One Nassau Hall, Princeton, New Jersey Defendant Nang Kuang Pharmaceutical Co., Ltd. is a Taiwanese company having its offices at No. 1001, Zhongshan Rd, Xinhua Dist., Tainan City, Taiwan. Nang Kuang is in the business of distributing, marketing and/or selling generic pharmaceutical products, directly or indirectly, in the Southern District of Indiana and throughout the United States. 5. Defendant CANDA NK-2, LLC ( CANDA ) is a Texas limited liability company having its offices at 1404 S. New Road, Waco, Texas CANDA holds rights to ANDA No , which was filed by Nang Kuang. CANDA is in the business of distributing, marketing and/or selling generic pharmaceutical products, directly or indirectly, in the Southern District of Indiana and throughout the United States. JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331, 1338(a), 2201, and Venue is proper in this district pursuant to 28 U.S.C and 1400(b). 8. This Court has personal jurisdiction over Nang Kuang because, among other things, following any FDA approval of ANDA No , Nang Kuang intends to distribute (directly and/or through affiliates or subsidiaries) Defendants ANDA Products 2

3 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 3 of 11 PageID #: 3 throughout the United States and within Indiana and the Southern District of Indiana; if Nang Kuang is permitted to sell Defendants ANDA Products in the United States prior to the expiration of the 932 and 209 patents, Nang Kuang will cause substantial injury to Lilly, an Indiana corporation headquartered within the Southern District of Indiana, and Nang Kuang knows that Lilly will be injured by such actions in Indiana and the Southern District of Indiana. 9. In the alternative, this Court has personal jurisdiction over Nang Kuang under Fed. R. Civ. P. 4(k)(2) because this action arises under federal law, Nang Kuang is not subject to jurisdiction in any state s courts of general jurisdiction, and the exercise of jurisdiction over Nang Kuang is consistent with the Constitution and the laws of the United States. 10. This Court has personal jurisdiction over CANDA because, among other things, following any FDA approval of ANDA No , CANDA intends to offer to sell and sell (directly and/or through affiliates or subsidiaries) Defendants ANDA Products throughout the United States and within Indiana and the Southern District of Indiana; if CANDA is permitted to sell Defendants ANDA Products in the United States prior to the expiration of the 932 and 209 patents, CANDA will cause substantial injury to Lilly, an Indiana corporation headquartered within the Southern District of Indiana, and CANDA knows that Lilly will be injured by such actions in Indiana and the Southern District of Indiana. BACKGROUND 11. ALIMTA, in combination with cisplatin, is indicated (a) for the treatment of patients with malignant pleural mesothelioma, or (b) for the initial treatment of locally advanced or metastatic nonsquamous non-small cell lung cancer. ALIMTA also is indicated as a single-agent for the treatment of patients with locally advanced or metastatic nonsquamous non-small cell lung cancer after prior chemotherapy. ALIMTA also is indicated for 3

4 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 4 of 11 PageID #: 4 maintenance treatment of patients with locally advanced or metastatic nonsquamous non-small cell lung cancer whose disease has not progressed after four cycles of platinum-based first-line chemotherapy. 12. Lilly sells ALIMTA in the United States pursuant to a New Drug Application that has been approved by the FDA. 13. The 932 patent, titled N-(pyrrolo(2,3-d)pyrimidin-3-ylacyl)-Glutamic Acid Derivatives, was duly and legally issued on September 6, The 932 patent is attached as Exhibit A hereto. 14. The 209 patent, titled Antifolate Combination Therapies, was duly and legally issued on August 10, The 209 patent is attached as Exhibit B hereto. 15. The 932 and 209 patents have been listed in connection with ALIMTA in the FDA s publication Approved Drug Products with Therapeutic Equivalence Evaluations. 16. By letter dated August 25, 2014 ( Defendants Notice Letter ), Defendants notified Plaintiffs that Nang Kuang had submitted to the FDA ANDA No for Defendants pemetrexed disodium, 100 mg base/vial and 500 mg base/vial for intravenous infusion ( Defendants ANDA Products ). Defendants ANDA Products are generic versions of ALIMTA. 17. The purpose of the ANDA is to obtain approval under the Federal Food, Drug, and Cosmetic Act ( FDCA ) to engage in the commercial manufacture, use, offer for sale, and/or sale of Defendants ANDA Products prior to the expiration of the 932 and 209 patents. 4

5 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 5 of 11 PageID #: 5 COUNT I (Infringement of U.S. Patent No. 5,344,932) 18. Plaintiffs incorporate each of the preceding paragraphs as if fully set forth herein. 19. As set forth in greater detail in the 932 patent, one or more claims of the 932 patent, incorporated by reference herein, cover ALIMTA. 20. Princeton owns the 932 patent. Princeton will be substantially and irreparably damaged by infringement of the 932 patent. 21. Lilly has been granted an exclusive license under the 932 patent. Lilly will be substantially and irreparably damaged by infringement of the 932 patent. 22. Defendants ANDA Products contain pemetrexed disodium. 23. Defendants ANDA Products are covered by one or more claims of the 932 patent. 24. In Defendants Notice Letter, Defendants notified Plaintiffs that, as part of their ANDA, Defendants filed a certification of the type described in Section 505(j)(2)(A)(vii)(IV) of the FDCA, 21 U.S.C. 355(j)(2)(A)(vii)(IV), with respect to the 932 patent, asserting that the claims of the 932 patent are invalid, unenforceable, and/or not infringed by the manufacture, use, offer for sale, or sale of Defendants ANDA Products. 25. Defendants submission of ANDA No for the purpose of obtaining approval to engage in the commercial manufacture, use, offer for sale, and/or sale of Defendants ANDA Products prior to the expiration of the 932 patent is an act of infringement of the 932 patent under 35 U.S.C. 271(e)(2)(A). 5

6 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 6 of 11 PageID #: Defendants intend to engage in the manufacture, use, offer for sale, sale, marketing, distribution, and/or importation of Defendants ANDA Products and the proposed labeling therefor immediately and imminently upon approval of ANDA No , i.e., prior to the expiration of the 932 patent. 27. Defendants have knowledge of the claims of the 932 patent. Notwithstanding this knowledge, Defendants have continued to assert their intent to engage in the manufacture, use, offer for sale, sale, marketing, distribution, and/or importation of Defendants ANDA Products and the proposed labeling therefor immediately and imminently upon approval of ANDA No Defendants plan and intend to, and will, actively induce infringement of the 932 patent when their ANDA is approved, and plan and intend to, and will, do so immediately and imminently upon approval. 29. The foregoing actions by Defendants constitute and/or will constitute infringement of the 932 patent and active inducement of infringement of the 932 patent. 30. An actual case or controversy exists between Plaintiffs and Defendants with respect to infringement of the 932 patent. 31. Defendants are without a reasonable basis for believing that they will not be liable for infringing the 932 patent and/or actively inducing infringement of the 932 patent. 32. Unless Defendants are enjoined from infringing the 932 patent and actively inducing infringement of the 932 patent, Plaintiffs will suffer irreparable injury. Plaintiffs have no adequate remedy at law. 6

7 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 7 of 11 PageID #: 7 COUNT II (Infringement of U.S. Patent No. 7,772,209) 33. Plaintiffs incorporate each of the preceding paragraphs as if fully set forth herein. 34. As set forth in greater detail in the 209 patent, one or more claims of the 209 patent, incorporated by reference herein, cover a method of administering pemetrexed disodium to a patient in need thereof that also involves administration of folic acid and vitamin B Lilly owns the 209 patent. Lilly will be substantially and irreparably damaged by infringement of the 209 patent. 36. Defendants ANDA Products contain pemetrexed disodium. 37. Upon information and belief, the use of Defendants ANDA Products in accordance with Defendants proposed labeling for Defendants ANDA Products involves administration of folic acid and vitamin B Upon information and belief, the use of Defendants ANDA Products in accordance with and as directed by Defendants proposed labeling for those products will infringe one or more claims of the 209 patent. 39. In Defendants Notice Letter, Defendants notified Plaintiffs that, as part of their ANDA, Defendants filed a certification of the type described in Section 505(j)(2)(A)(vii)(IV) of the FDCA, 21 U.S.C. 355(j)(2)(A)(vii)(IV), with respect to the 209 patent, asserting that the claims of the 209 patent are invalid, unenforceable, and/or not infringed by the manufacture, use, offer for sale, or sale of Defendants ANDA Products. 7

8 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 8 of 11 PageID #: Defendants submission of ANDA No for the purpose of obtaining approval to engage in the commercial manufacture, use, offer for sale, and/or sale of Defendants ANDA Products prior to the expiration of the 209 patent is an act of infringement of the 209 patent under 35 U.S.C. 271(e)(2)(A). 41. Defendants intend to engage in the manufacture, use, offer for sale, sale, marketing, distribution, and/or importation of Defendants ANDA Products and the proposed labeling therefor immediately and imminently upon approval of ANDA No , i.e., prior to the expiration of the 209 patent. 42. Defendants have knowledge of the claims of the 209 patent. Notwithstanding this knowledge, Defendants have continued to assert their intent to engage in the manufacture, use, offer for sale, sale, marketing, distribution, and/or importation of Defendants ANDA Products and the proposed labeling therefor immediately and imminently upon approval of ANDA No Defendants plan and intend to, and will, actively induce infringement of the 209 patent when their ANDA is approved, and plan and intend to, and will, do so immediately and imminently upon approval. 44. Defendants know that Defendants ANDA Products are especially made or adapted for use in infringing the 209 patent, and that Defendants ANDA Products are not suitable for substantial noninfringing use. Defendants plan and intend to, and will, contribute to infringement of the 209 patent immediately and imminently upon approval of ANDA No

9 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 9 of 11 PageID #: The foregoing actions by Defendants constitute and/or will constitute infringement of the 209 patent, active inducement of infringement of the 209 patent, and contribution to the infringement by others of the 209 patent. 46. An actual case or controversy exists between Plaintiffs and Defendants with respect to infringement of the 209 patent. 47. Defendants are without a reasonable basis for believing that they will not be liable for infringing the 209 patent, actively inducing infringement of the 209 patent, and/or contributing to the infringement by others of the 209 patent. 48. Unless Defendants are enjoined from infringing the 209 patent, actively inducing infringement of the 209 patent, and contributing to the infringement by others of the 209 patent, Lilly will suffer irreparable injury. Lilly has no adequate remedy at law. WHEREFORE, Plaintiffs request the following relief: (a) A judgment that Defendants have infringed the 932 patent and/or will infringe and/or actively induce infringement of the 932 patent; (b) A judgment ordering that the effective date of any FDA approval for Defendants to make, use, offer for sale, sell, market, distribute, or import Defendants ANDA Products, or any product the use of which infringes the 932 patent, be not earlier than the expiration date of the 932 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (c) A preliminary and permanent injunction enjoining Defendants, and all persons acting in concert with Defendants, from making, using, selling, offering for sale, marketing, distributing, or importing Defendants ANDA Products, or any product the use of 9

10 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 10 of 11 PageID #: 10 which infringes the 932 patent, or the inducement of any of the foregoing, prior to the expiration date of the 932 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (d) A judgment declaring that making, using, selling, offering for sale, marketing, distributing, or importing of Defendants ANDA Products, or any product the use of which infringes the 932 patent, prior to the expiration date of the 932 patent, infringes, will infringe and/or will actively induce infringement of the 932 patent; (e) A judgment that Defendants have infringed the 209 patent and/or will infringe, actively induce infringement of, and/or contribute to infringement by others of the 209 patent; (f) A judgment ordering that the effective date of any FDA approval for Defendants to make, use, offer for sale, sell, market, distribute, or import Defendants ANDA Products, or any product the use of which infringes the 209 patent, be not earlier than the expiration date of the 209 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (g) A preliminary and permanent injunction enjoining Defendants, and all persons acting in concert with Defendants, from making, using, selling, offering for sale, marketing, distributing, or importing Defendants ANDA Products, or any product the use of which infringes the 209 patent, or the inducement of or contribution to any of the foregoing, prior to the expiration date of the 209 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (h) A judgment declaring that making, using, selling, offering for sale, marketing, distributing, or importing of Defendants ANDA Products, or any product the use of which infringes the 209 patent, prior to the expiration date of the 209 patent, infringes, will 10

11 Case 1:14-cv JMS-TAB Document 1 Filed 10/08/14 Page 11 of 11 PageID #: 11 infringe, will actively induce infringement of, and/or will contribute to the infringement by others of the 209 patent; (i) A declaration that this is an exceptional case and an award of attorneys fees pursuant to 35 U.S.C. 285; (j) (k) An award of Plaintiffs costs and expenses in this action; and Such further and other relief as this Court may deem just and proper. Dated: October 8, 2014 Respectfully submitted, /s/ Jan M. Carroll OF COUNSEL: Jan M. Carroll, No Bruce R. Genderson BARNES & THORNBURG LLP Adam L. Perlman 11 South Meridian Street Ellen E. Oberwetter Indianapolis, IN Dov P. Grossman (317) David M. Krinsky jan.carroll@btlaw.com Andrew V. Trask Attorney for Plaintiffs WILLIAMS & CONNOLLY LLP Eli Lilly and Company and 725 Twelfth Street, N.W. The Trustees of Princeton University Washington, DC (202) INDS v1 11

12 Case 1:14-cv JMS-TAB Document 1-1 Filed 10/08/14 Page 1 of 13 PageID #: 12 EXHIBIT A

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35 Case 1:14-cv JMS-TAB Document 1-3 Filed 10/08/14 Page 1 of 2 PageID #: 35 JS 44 (Rev. 3/99) CIVIL COVER SHEET The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by the law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS ELI LILLY AND COMPANY THE TRUSTEES OF PRINCETON UNIVERSITY DEFENDANTS NANG KUANG PHARMACEUTICAL CO., LTD. CANDA NX-2, LLC (b) County of Residence of First Marion County of Residence of First Listed (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (c) Attorney's (Firm Name, Address, and Telephone Number) Jan M. Carroll, No BARNES & THORNBURG LLP 11 South Meridian Street Indianapolis, Indiana / Attorneys (If Known) II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff and One Box for Defendant) 1 U.S. Government Plaintiff Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4 (U.S. Government Not a Party) of Business In This State 2 U.S. Government Defendant Diversity (Indicate Citizenship of Parties in Citizen of Another State 2 2 Incorporated and Principal of Business In Another State 5 5 Item III) Citizen of Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholder's Suits 190 Other Contract 195 Contract Product Liability PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander PERSONAL INJURY 362 Personal Injury - Med. Malpractice 365 Personal Injury - Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability 442 Appeal 28 USC Withdrawal 28 USC 157 REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 440 Other Civil Rights V. ORIGIN (PLACE AN "X" IN ONE BOX ONLY) 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 4 Reinstated or Reopened 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act 5 Transferred from another district (specify) PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff) or Defendant) 871 IRS - Third Party 26 USC Multidistrict Litigation 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/ etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securities/Commodities /Exchange 875 Customer Challenge 12 USC Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory Actions 7 Appeal to District Judge from Magistrate Judgment VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.) Action for patent infringement, 35 USC 271(e) VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION DEMAND $ UNSPECIFIED CHECK YES only if demanded in complaint: UNDER F.R.C.P. 23 JURY DEMAND: Yes No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE TWP/DKL DOCKET NUMBER 1:10-cv-1376 October 8, 2014 DATE: /s/ Jan M. Carroll SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT# AMOUNT APPLYING IFP JUDGE MAG. JUDGE

36 JS 44 Reverse (Rev. 12/96 Case 1:14-cv JMS-TAB Document 1-3 Filed 10/08/14 Page 2 of 2 PageID #: 36 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority For Civil Cover Sheet The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States, are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

37 Case 1:14-cv JMS-TAB Document 1-4 Filed 10/08/14 Page 1 of 2 PageID #: 37 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ELI LILLY AND COMPANY and THE TRUSTEES OF PRINCETON UNIVERSITY v. NANG KUANG PHARMACEUTICAL CO., LTD., and CANDA NX-2, LLC Plaintiffs, SUMMONS IN A CIVIL CASE CASE NUMBER: 1:14-cv-1647 Defendants. TO: Nang Kuang Pharmaceutical Co., Ltd. c/o Michael A. Siem, Esq., Shareholder Farney Daniels P.C th Street, #2B-41 Brooklyn, NY YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF S ATTORNEYS: Jan M. Carroll Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN Telephone: an answer to the complaint which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court, 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, within a reasonable period of time after service. CLERK DATE By (BY) DEPUTY CLERK

38 Case 1:14-cv JMS-TAB Document 1-4 Filed 10/08/14 Page 2 of 2 PageID #: 38 RETURN OF SERVICE Service of the Summons and Complaint was made by me( 1 ) NAME OF SERVER (PRINT) DATE TITLE Check one box below to indicate appropriate method of service Served personally upon the defendant. Place where served: Left copies thereof at the defendant s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under the penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Signature of Server Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN / (1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure. INDS v1

39 Case 1:14-cv JMS-TAB Document 1-5 Filed 10/08/14 Page 1 of 2 PageID #: 39 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ELI LILLY AND COMPANY and THE TRUSTEES OF PRINCETON UNIVERSITY v. NANG KUANG PHARMACEUTICAL CO., LTD., and CANDA NX-2, LLC Plaintiffs, SUMMONS IN A CIVIL CASE CASE NUMBER: 1:14-cv-1647 Defendants. TO: Highest Officer Found Canda NK-2, LLC 1404 South New Road Waco, TX YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF S ATTORNEYS: Jan M. Carroll Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN Telephone: an answer to the complaint which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court, 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, within a reasonable period of time after service. CLERK DATE By (BY) DEPUTY CLERK

40 Case 1:14-cv JMS-TAB Document 1-5 Filed 10/08/14 Page 2 of 2 PageID #: 40 RETURN OF SERVICE Service of the Summons and Complaint was made by me( 1 ) NAME OF SERVER (PRINT) DATE TITLE Check one box below to indicate appropriate method of service Served personally upon the defendant. Place where served: Left copies thereof at the defendant s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under the penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Signature of Server Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN / (1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure. INDS v1