Indivior announces its results for the first half of 2018



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SLOUGH, England July 25, 2018 / PRNewswire / –

Period up to June 30

T2

2018 [19659003] $ m

Q2

2017

$ m

% Δ

Real

FX

% Δ

Constant

FX

H1

2018

$ m

H1 [19659005] 2017 [19659003] $ m

% Δ

Real

FX

% Δ

Constant

FX

Net Income

268

288

-7

-8

524

553

– 5

-7 [19659037] Operating Profit

84

117

-28

-29

200

244

-18

-20

Net Income

70 [19659030] 73

-4

-10

162

6

3

EPS (cents / action)

-8

22

19659036]

Adj. Operating Profit

84

-41

-42

183

269

-32

-34

Ajust. Net Income

70

89

-21

-25

147

169

-13

-16

Adj. EPS

12

-17

-25

-13

-16

* The adjusted basis excludes the impact exceptional items as referenced in Notes 3 and 4

This listing contains privileged information

Financial Results S1 2018

  • Net Sales S1 2018 of $ 524m (H1 2017 : $ 553m ) decreased by 5% on a reported basis and by 7% at constant exchange rates; Strong growth in the US market (largely driven by the Medicaid channel) and growth in the Rest of the World was more than offset by tactical discounts and an unfavorable mix due to the growth of the most price-sensitive channel (Medicaid).
  • Adjusted operating profit in the first half of 2018 decreased by 32% to $ 183 million (first half 2017: $ 269 million ); The decline in net business turnover, the expected annualization of SUBLOCADE ™ investments and the establishment of the Behavioral Health unit for the launch of RBP-7000 (if approved) were partially offset by lower R & D expenditure.
  • Adjusted net income for the first half of 2018 decreased by 13% to $ 147 million (H1 2017: $ 169 million ), helped by a decrease interests and a lower effective tax rate.
  • Cash balance for the first half of 2018 of $ 951 million (fiscal year 2017: $ 863 million ); net cash of $ 469 million (fiscal year 2017: $ 376 million )

H1 2018 Operating Highlights

  • U.S. Market growth in the first half of 2018 continued at low double-digit percentage levels mainly driven by the Medicaid chain.
  • SUBOXONE ® The film's market share averaged 54% in the first half of 2018 (H1 2017: 59%), closing the second quarter of 2018 at 52%. The film SUBOXONE ® leaves the film on July 13, 2018 represents 49%, reflecting the impact on the market of Dr. Reddy's generic sublingual buprenorphine / naloxone film. Laboratories (DRL). the US market before the New Jersey (District) US District Court granting Indivior a request for a temporary injunction (TRO) on [15juin1945] . A preliminary injunction (IP) was subsequently granted by the District Court on July 13 . The adverse impact on Indivior's net income for the 2018 fiscal year should be at least $ 25 million and could be significantly higher. Under the IP granted by the District Court, DRL is unable to use, import, sell or offer to sell its generic sublingual buprenorphine / naloxone product, pending the outcome of the recently filed DRL litigation related to the U.S. Patent No. 9,931,305 (the 305), or a decision of the United States Federal Circuit Court of Appeal (CAFC) dissolving the injunction. The DRL appealed the grant of the IP and the amount of the bond to the CAFC, and requested an expedited briefing. The DRL also asked the CAFC to maintain the PI pending the call. July 24 Indivior filed its opposition to the motions to forward the IP and suspend the IP pending appeal.
  • The net sales of SUBLOCADE ™ in the first half of 2018 amounted to $ 2 million . The initial net income levels reflect the challenges related to the duration and success rate of the prescription pathway, as well as the HCP test rate. The net revenue of SUBLOCADE ™ for the 2018 fiscal year is expected to be between $ 25 million and $ 50 million . The strengths of the launch performance so far are: anecdotal reports on patient experience and satisfaction, payor coverage (67% of lives covered on [14 juillet 2009]) and ease and efficiency of the process. renewal of Orders 2 and 3. The Corporation remains confident as to the maximum annual net income of SUBLOCADE TM of $ 1 billion -more.
  • Indivior launched a cost reduction initiative, targeting at least $ 25 million savings in 2018, to partially offset the financial impact of recent unfavorable market developments. American. The savings will be achieved primarily through reductions in non-critical selling, administrative and other overhead costs, including comprehensive support functions and external services.
  • Preparations for the launch of RBP-7000 are continuing, subject to FDA approval (July 28 PDUFA). While the launch is currently targeted for Q4 2018, the launch date will be reviewed if DRL manages to get an expedited appeal on the PI decision.
  • The Group is in talks with the US Department of Justice (DOJ) on a possible resolution of its investigations. Please see pages 6 to 9 for a complete update of the disputes.

Withdrawal of financial focus from fiscal year 2018 July 11

  • Indivior withdrew its guidelines from the year 2018 on [11juillet1945] .
  • In light of current uncertainties as to the depth of entry into the DRL market before the district court grants Indivior's request for an ORT, Indivior does not consider it necessary. is not able to issue new directives.
  • The Company undertakes to provide updated advice as soon as reasonably possible, but not later than its results for the third quarter of 2018 currently forecast for November 1

] Shaun Thaxter CEO of Indivior, Comment

"While our business in the United States has recently been affected by known risks that have materialized, we remain true to our vision of ensuring that patients in the United States around the world have access to evidence-based treatment SUBLOCADE ™ is beginning to transform the treatment of opioid-use disorders, while initial revenues were lower than our financial plan, while patients and providers of Health care continued to adapt to a new model of specialized distribution and reimbursement, we are encouraged by the rapid success of fundamentals. the long-term success of the products: anecdotal reports of experience and patient satisfaction, the quantity and quality of paid coverage, the number of doctor-initiated prescribing trips, the number of Adherence to treatment, ease and efficiency of filling and safety profile of reported events. We remain confident in our annual goal of annual turnover exceeding $ 1 billion.

Half Year Review

Update of the US Market

The buprenorphine market continues to grow strongly in the second quarter of 2018 in 2017, with double-digit low-volume volume growth consistent with expectations and market growth continues to benefit from legislation that increases federal funding and increases the processing capacity of OUDs. As a result, the number of health care providers who discontinued drug therapy has increased and those who are able to treat the new authorized number of 275 patients (out of 100 patients) have continued to grow in the second quarter of 2018. The number of Nurse practitioners physician assistants also continued to grow in the second quarter of 2018.

Access to the list of commercial drugs remains broadly solid for the film SUBOXONE ® . The price in the United States rose slightly in 1945 in January 2018 but it continues to be more than offset by the tactical discount related to maintaining access to the form and through the channel opposing. mix the impact arising from the acceleration of the number of US Medicaid patients seeking treatment.

The Company focused on the following areas to improve the growth rate of SUBLOCADE ™ net revenues:

  • Increased Form Access – 56% (67% of July 14 ) covered, among these less than 8% have prior authorization restrictions that go beyond the need for diagnosis and the patient to comply with the product labeling.
  • Reduction in the duration of the initiation of the prescription to the injection (Prescription Journey) from a range of 43 to 62 days to launch until 27 to 36 days, currently .
  • Increasing the success rate of the 12% prescription pathway at launch at 36% by the end of Q2

Key Performance Indicators (KPIs) show the basics of future growth with: 79% caregivers have given up, more than 1300 HCPs have started prescription travel, 384 HCPs have administered SUBLOCADE ™ and 30 HCPs have administered SUBLOCADE ™ to more than 5 patients. The company expects an acceleration of net revenues in the second half, which will translate into net revenues of [$1945million] [$ 25 million] to $ 50 million weighted towards the fourth quarter.

Financial results in the first half of 2018

The total net business revenue of the first half of 2018 decreased by 5% to $ 524 million (2017 S1: $ 553 million ) at real exchange rates and 7% at constant exchange rates. Volume gains from buoyant US market conditions, initial SUBLOCADE ™ sales and growth in the Rest of World markets were more than offset by a decline in SUBOXONE's market share ® Company. The price improvement has been more than offset by the l & # 39; Tactical discount activity in the United States under the form access. In the second quarter of 2018, total net income declined by 7% at real exchange rates (8% at constant exchange rates) to $ 2690 million (19459454) (194524545) ($ 288 million in the second quarter of 1945 ). The total net income drivers during the quarter was substantially the same as that of the first half of 2018.

U.S. The net business figure decreased from 9% in the first half of 2018 to $ 411m (H1 2017: $ 452m ) and from 10% in the second quarter of 2018 to $ 214m (Q2 2017: $ 237 million ). In the first half of 2018, market growth was higher than last year, reflecting the benefits of legislation that increased government funding and processing capacity. In addition, general awareness of the opioid epidemic continued to grow. As a result, the number of HCPs qualified to prescribe buprenorphine-based treatments continued to increase. The volume gains generated by the strong growth of the underlying market were more than offset by a decline in SUBOXONE ® market share in price-sensitive payers and an unfavorable mix of Medicaid activity. The price improvement was more than offset by the tactical discount activity related to access to the form. Total net revenues for the quarter were substantially the same as those for the first half of 2018.

In the first half of 2018, the net business of the Rest of the World increased by 12% at actual exchange rates (2 % at constant exchange rate) m (H1 2017: $ 101 million ). In the second quarter of 2018, net income of the rest of the world increased by 7% at real exchange rates (1% at constant exchange rates) to $ 54 million (Q2 2017: 51 M $ ). Volume growth in Australasia and Canada market share gains led to an overall improvement in net revenues

Gross margin in the first half of 2018 was 89% (H1 2017: 92%) and 87% in Q2 2018 (Q2 2017): 91%) respectively. The decrease in both periods compared to the prior year mainly reflects lower net revenues and the impact of emergency planning for a DRL "risk" launch.

Selling and administrative expenses are $ 231m to H1 2018 (H1 2017: $ 220 M ) and $ 131 M in Q2 2018 (Q2 2017: $ 127 million ). The selling and administrative expenses for the first half of 2018 included a $ 1945 million gain of $ 17 million resulting from the licensing of the naloxone overdose patents. opioids administered intranasally (recorded in the first quarter of 2018). In the first half of 2017, the results of the first half of 2017 included exceptional items of $ 25 million (recorded in the second quarter of 2017) reflecting the settlement of Amneal's antitrust issue.

On an adjusted (ex-exceptional) basis, SG & A expenses for the first half of 2018 increased by 27% to $ 248m (H1 2017: $ 195m ) and in Q2 2018, overhead expenses increased by 28% to $ 131m (Adjustment Q2 2017: $ 102m ). The underlying increase in the two recent periods mainly reflects the investments planned to launch and support the growth of SUBLOCADE ™ and the ongoing development of the new Behavioral Health unit to launch RBP-7000 (if approved).

R & D expenditures for H1 2018 and Q2 2018 decreased by 23% to $ 34 million and 5% to $ 18 million respectively (H1 2017: $ 44 M Q2 2017: $ 19 million ). Decreases in both periods reflect lower clinical activity, SUBLOCADE ™ and RBP-7000, completed Phase 3 registration studies and capitalization of RBP-7000 development costs commencing in Q2 2018. [19659114] Operating profit of the first half $ 200 million (2017 S1: $ 244 million ) and the operating profit Q2 2018 was $ 84 million (Q2 2017: $ 117 million ). An exceptional gain of $ 17 million and exceptional costs of $ 25 million are included in the results of the current period and the previous year, respectively. On an adjusted basis (excluding one-off items), operating profit for the first half of 2018 was [$1945million] [$ 183 million] (35% margin), down 32% from 1945945 [19659129] (49% margin) there is a period on the same basis. On an adjusted basis, operating earnings for the second quarter of 2018 were $ 84 million (margin of 31%), down 41% from $ 142 million (49% margin) a year ago. same basis. The decrease in both periods on an adjusted basis mainly reflects the decrease in net revenues, the launch costs of SUBLOCADE ™ and RBP-7000 (if approved). These factors were partially offset by lower R & D expenditures.

EBITDA (operating income plus depreciation and amortization) in the first half of 2018 decreased by 17% to $ 207 million (H1 2017: $ 248 million ). Excluding (19459045) $ 17 million ) and $ 25 million of one-time items in current period and prior year results, respectively, H1 2018 EBITDA decreased by 31% to $ 189 million (H1 2017: $ 273 million ).

The net financial expense for the first half of 2018 was $ 11 million (H1 2017: $ 25 million ) representing interest and amortization of financing costs of the term loan facility is offset by interest income. The financial expenses for the second quarter of 2018 were $ 6 million (Q2 2017: $ 14 million ). The decrease in the financial expense for both periods reflects the lower interest coupon and the amortization of financing costs related to the replacement of the term loan facilities in December 2017 .

The 2018 tax was $ 27 million or a rate of 14% (2017 H1 tax tax: $ 66 million rate of 30%). If we exclude the tax charge on the exceptional items of [2 990 905] in the first half of 2018, the effective tax rate was 15% (adjusted 2017 S1: 75 million rate of 31%). The Q2 2018 tax was $ 8 million a rate of 10% (Q2 2017 tax charge: $ 30 million 29% rate, Q2 2017 adj tax: 39 $ m rate of 30%). The decrease in the effective tax rate is mainly attributable to the relative contribution to pre-tax income by imposing jurisdiction during the quarter, as well as the impact of the reduction in US tax reform rates and the rate of change. The net income of 2018 was $ 162 M (S1 2017: $ 153 M ) as reported. The periods of the current year and of the preceding year include $ 15 million of gain and $ 16 million of exceptional costs, respectively, net of 39; taxes. Excluding one-off items, net income for H1 2018 decreased 13% to $ 147 million (H1 2017 adj: $ 169 million ). In the second quarter of 2018, net income was $ 70 million (net income for the second quarter of 2017: $ 73 million or $ 89 million excluding exceptional items.)

H1 2018 basic The BPAs were 22 cents (2017 S1: 19459046) 21 cents ) and 22 cents on a diluted basis (H1 2017 : 20 cents ). The basic EPS for Q2 2018 was 10 cents (Q2 2017: 10 cents ) and 9 cents on a diluted basis (Q2 2017: ] 10 cents ). On an adjusted basis, excluding the effect of the one-time items, basic EPS for H2 2018 was 20 cents (2017 S1: 23 cents ) and diluted EPS from 20 cents (H1 2017: 23 cents ). On an adjusted basis, the base EPS for Q2 2018 was 10 cents (Q2 2017: 12 cents ) and the diluted EPS was 9 cents ( Q2 2017: 12 cents )

Balance Sheets and Cash Flows

Cash and cash equivalents at the end of H1 2018 were $ 951m reflecting an increase in $ 88m in 2018 since the beginning of the year (fiscal year 2017: $ 863 million ). Borrowings, net of issue expenses, amounted to [$ 477 million] at the end of the first half of 2018 (fiscal year 2017: $ 482 million ) . As a result, net cash amounted to $ 469 million at the end of H1 2018 (fiscal 2017: $ 376 )

Net Working Capital (inventories plus trade and other receivables, less other debts) was negative $ 287m at the end of S1 2018, an increase of $ 48m negative $ 335m since the end of fiscal 2017 mainly attributable to a gain on the disposal of the intangible naloxone nasal, an increase in inventories due in part to the launch of SUBLOCADE ™ and a decrease in charges following the destocking of wholesalers earlier in the semester offset by higher Medicaid payments. in H1 2018 was $ 119 million (H1 2017: $ 205 million ), a decrease from $ 86 million . The reduction in cash flow from the prior year is mainly due to lower operating earnings in the period, higher inventories and lower creditors compared to last year. FY 2017.

m (2017 S1: 185 million dollars ), reflecting lower cash flow from operations and net tax payments more high of 15 million compared to 4 million

The cash outflow from investment activities in the first half of 2018 was $ 12 million (H1 2017: $ 16 million ), reflecting proceeds from the sale of intangible naloxone assets through upfront payments for licensing agreements with Addex and C4X, capitalized development costs and ongoing investments in facilities.

Cash outflow from financing activities in H1 2018 reduced to $ 1 million compared to $ 71 million in H1 2017, mainly reflecting the terms of replacement of term loan facilities in December 2017

R & D / Update of the pipeline

Treatment of disorder of the use of opiates (OUD)

  • SUBLOCADE ™ ([19659144] BUPRENORPHINE INJECTION WITH EXTENDED RELEASE) FOR SUBCUTANEOUS USE CIII :
    • Approval of the FDA 30 November 2017 ; Commercial launch initiated week of February 26, 2018 .
    • RECOVER Study (Rejecting the Use of Chronic Opioids: A Study of Environmental and Socio-Economic Factors on Recovery): Results of the 12-Month Longitudinal Analysis Will Be Available December 31, 2018 ; Last 24-month patient scheduled for March 5, 2019 .
    • All studies on postmarketing needs (PMR) and on commitments (PMC) are on track.
    • Addition of SUBLOCADE ™ to the Drug List for an Urgent Public Need for Canadian Correctional Facilities on [28 mars 2009] .
    • Submission of New Drug (NDS) SUBLOCADE ™ to Health Canada 19 April 2018 ; Priority Review Status Granted by Health Canada. NDS accepted for examination May 25, 2018 .
    • SUBLOCADE ™ submitted to Therapeutic Goods Administration (TGA) of Australia on May 25, 2018 .
    • SUBLOCADE ™ submitted to Israeli Ministry of Health for marketing approval 2 July 2018 .
    • Regulatory Submissions for Europe under preparation.
    • The review of the FDA's Office of Prescription Drug Promotion (OPDP) materials SUBLOCADE ™ is completed; launch of the central visual aid of the patient (stroke); Launch of the site planned for August 2018 .
    • Key studies on the generation and optimization of life cycle evidence (VAS Craving Study, Emergency Room Study, Fentanyl Study and Real World HEOR Study) –
  • SUBOXONE ® Tablet China : Submission of the NDA to the Chinese FDA (CFDA) on [27 juillet 2009] . Priority Review Granted by the CFDA June 6, 2017 . Review of Current NDA

Treatment of Schizophrenia

  • RBP-7000, Risperidone Long-Term Monthly: NDA Depot Accepted by the FDA on [13 décembre 2009] . PDUFA dates from July 28, 2018 .
  • LEGO Studies Under Development

Treatment of Alcohol Use Disorder (AUD)

  • Arbaclofen Placarbil: Going Forward with the Manufacture of Supplies of 39 Clinical Trials to support, in parallel, a study of alcohol interaction in AUD and a study of absorption in alcohol liver disease with cirrhosis (ALD + C).

Early Asset Development (ESAD)

  • License of ADX71441 from Addex Therapeutics and creation of the Joint Research Committee to conduct identification activities of new positive allosteric modulators additional to level of the GABAB receiver.
  • The Indivior / ADDEX Joint Research Committee (JRC) establishes and meets the first quarter of 2018.
  • Acquires an agreement with C4X Discovery Holdings PLC to develop and commercialize the Orexin-1 Oral Receptor Antagonists Program of C4X, including Candidate Candidate C4X3256. Q1 2018.
  • Launch of Indivior / C4X strategic alliance in Q2 2018.
  • C4X's orexin-1 oral program received a grant from the National Institute on the Abuse of C4X drugs (NIDA) in the amount of $ 500,000 [19459004

Other highlights

  • SUBLOCADE ™ Phase 3 data presented at the Nevada Psychiatric Association 23rd National Psychopharmacology Update, 14-17 February Las Vegas, NV.
  • Award from the Blue Ribbon received for Poster at the American Society for Clinical and Therapeutic Pharmacology (ASCPT), Mar. 21-24 Orlando, FL : " Effects Assessment of RBP-6000 on QT Interval During Treatment for Opioid Disorder .
  • SUBLOCADE ™ Phase 3 Data Presented at the Fifth International Congress of the Spanish Society of Double Trouble (SEPD), March 23-26 Madrid, Spain .
  • Patient-reported outcome data on SUBLOCADE ™ were presented as late defeats at the 49th Annual Conference of the American Society for Addiction Medicine (ASAM) April 12-15 San Diego, CA.

Key Scientific Congresses

  • Fifth Annual Forum on Drug Abuse in Western Canada (WCAF): 4-5 May Kelowna, British Columbia Canada.
  • American Psychiatry Association (APA): May 5-9 New York, NY .
  • American College of Preventive Medicine (ACPM): May 23-26 Chicago, IL.
  • Thirteenth Conference of the European Opiate Addiction Treatment Association (EUROPAD): 25-27 May Krakow, Poland .
  • Twelfth International Congress of Addiction of the Albatrosses: June 6 to 8 Paris, France .
  • College on Drug Dependency Problems (CPDD): June 9 to 14 San Diego, CA.
  • Congrès nordique de psychiatrie (NCP): 13-16 juin Reykjavik, Islande .
  • Congrès international du Royal College of Psychiatrists (RCP): 24-27 juin Birmingham, Angleterre .
  • Association américaine des infirmières et infirmiers praticiens (AANP): 26 juin-1er juillet Denver, CO.
  • Deutscher Suchtkongress: 17-19 septembre Hambourg, Allemagne .
  • Collège américain des médecins d'urgence (ACEP): 1-4 octobre San Diego, CA.
  • Académie américaine des médecins de famille (AAFP FMX): 9-13 octobre Nouvelle-Orléans, LA .
  • Association américaine des infirmières psychiatriques (APNA): 24-27 octobre Columbus, OH .
  • Société canadienne de médecine addictive (SCAM): 25-27 octobre Vancouver CN.
  • Société professionnelle australasienne sur l'alcool et les autres drogues (APSAD): 4-7 ​​novembre Auckland Australie .
  • Collège Américain de Neuropsychopharmacologie (ACNP): 3-7 décembre Hollywood, FL.
  • Académie Américaine de Psychiatrie des Dépendances (AAAP): 6-9 décembre Bonita Springs, FL

Mise à Jour des Litiges

Le Groupe dispose d'une provision pour les affaires d'enquête et de droit antitrust de 438 millions de dollars . La quasi-totalité de la disposition concerne l'enquête du Département de la justice des États-Unis. Le Groupe a entamé des discussions approfondies avec le ministère de la Justice au sujet d'une résolution possible de ses enquêtes, bien qu'il ne puisse prédire avec certitude si, quand et à quel prix il parviendra à une résolution définitive.

Le Groupe a réduit d'autres éléments de la provision relatifs à d'autres litiges reflétant la conviction du Groupe qu'il dispose de solides défenses dans les affaires antitrust et autres litiges et il plaide activement en ce moment. Indivior ne peut prédire avec certitude si, quand et à quel prix il parviendra à régler les affaires antitrust et autres litiges.

Le coût global final de ces questions peut être sensiblement plus élevé que le montant prévu.

  • Une enquête criminelle fédérale américaine d'Indivior initiée en décembre 2013 poursuit son travail et inclut des pratiques de marketing et de promotion, des allégations de sécurité pédiatrique, et la surprescription de médicaments par certains médecins. Le bureau du procureur des États-Unis pour le district occidental de Virginia a signifié plusieurs subpoenas relatifs à SUBOXONE ® Film, SUBOXONE ® Tablet, SUBUTEX ® Comprimé, buprénorphine et nos concurrents, entre autres questions. Le Groupe a répondu aux citations à comparaître et a par ailleurs pleinement coopéré avec le Département et les procureurs et continuera de le faire. Le Groupe est en discussions avancées avec le ministère de la Justice au sujet d'une éventuelle résolution de son enquête. Cependant, il n'est pas possible de prédire avec certitude l'impact potentiel de cette enquête sur le Groupe ou de quantifier le coût final d'une résolution.

Subventions d'État

  • Le [12 octobre 2009] , 2016 Indivior a reçu une assignation à témoigner du Bureau du procureur général de l'État du Connecticut en vertu de son Connecticut une autorité civile responsable des fausses déclarations. L'assignation sollicite des documents relatifs à la commercialisation et à la promotion des produits SUBOXONE ® et à ses interactions avec une organisation tierce à but non lucratif. Sur 16 novembre 2016 Indivior a été signifié avec une citation à comparaître pour les dossiers du département d'assurance de l'état de la Californie sous son autorité de code civil d'assurance Californie . L'assignation demande des documents liés à SUBOXONE ® Film, SUBOXONE ® Tablet, et SUBUTEX ® Tablet. L'État a signifié des assignations de dépôt supplémentaires sur Indivior en 2017 et a servi une assignation en 2018 demandant des documents relatifs à la biodisponibilité / bioéquivalence de SUBOXONE ® Film, les dossiers de fabrication du produit et de ses composants, et le potentiel de développement dépendance à l'égard de SUBOXONE Film. The Group is fully cooperating in these civil investigations.

FTC investigation and Antitrust Litigation

  • The U.S. Federal Trade Commission's investigation remains pending. Litigation regarding privilege claims has now been resolved. Indivior has produced certain documents that it had previously withheld as privileged; other such documents have not been produced.
  • Fact discovery is continuing in the antitrust class action litigation. Plaintiffs allege, among other things, that Indivior violated U.S. federal and state antitrust laws in attempting to delay generic entry of alternatives to SUBOXONE® tablets, and plaintiffs further allege that Indivior unlawfully acted to lower the market share of these products.
  • A group of 41 states, and the District of Columbia filed suit against Indivior in the same district where the antitrust class action litigation is pending. The States' complaint is similar to the other antitrust complaints and alleges violations of U.S. state and federal antitrust and consumer protection laws. This lawsuit relates to the antitrust investigation conducted by various states, as discussed in previous filings. Discovery has been coordinated with the antitrust class action litigation.
  • The Group believes it has strong defences and is vigorously litigating these matters.

ANDA Litigation

  • Actavis is currently enjoined from launching a generic buprenorphine/naloxone film product until April 2024 based on a June 3, 2016 District Court ruling finding U.S. Patent No. 8,603,514 (the '514 Patent) valid and infringed. Actavis has appealed this ruling. On October 24, 2017Actavis received tentative approval from FDA for at least its 8mg/2mg generic product under its Abbreviated New Drug Application (ANDA) No. 204383 and on November 15, 2017it received tentative approval for its 12mg/3mg generic product under ANDA No. 207087.
  • On August 31, 2017 a District Court ruling in a lawsuit that asserted claims of U.S. Patent No. 8,017,150 (the '150 Patent), U.S. Patent No. 8,900,497 (the '497 Patent), and the '514 Patent found that these patents are valid but not infringed by Dr. Reddy's. Indivior has appealed this ruling. Dr. Reddy's received final FDA approval for all four strengths of its generic buprenorphine/naloxone film product on June 14, 2018and immediately launched its generic buprenorphine/naloxone film product "at-risk." On June 15, 2018Indivior filed a motion with the District Court of New Jersey seeking a Temporary Restraining Order (TRO) and Preliminary Injunction (PI) pending the outcome of a trial on the merits of U.S. Patent No. 9,931,305 (the '305 Patent). The District Court of New Jersey granted Indivior a two-week TRO, preventing Dr. Reddy's from continuing to sell or offer to sell its generic product. Indivior was required to post an $18 million surety bond to cover Dr. Reddy's damages in the event of an Indivior loss of its patent case against Dr. Reddy's. On June 28, 2018the District Court of New Jersey heard oral argument in support of Indivior's motion for a PI against Dr. Reddy's and, at the conclusion of this hearing, the District Court extended the TRO for an additional 14 days in order to rule on the PI motion and required Indivior to post another $18 million surety bond. On July 13, 2018the District Court issued its ruling granting Indivior a PI against Dr. Reddy's. On the same day, Dr. Reddy's filed a motion to stay the PI pending appeal with the District Court and a Notice of Appeal with the Federal Circuit. On July 18, 2018the District Court ordered Indivior to post a surety bond for $72 million (that total figure being inclusive of the $36 million surety bond already posted) in connection with the PI. That same day, the District Court also denied Dr. Reddy's motion to stay the PI pending appeal. On July 19, 2018Dr. Reddy's filed with the CAFC its opening brief for the appeal of the PI, along with emergency motions seeking to expedite the appeal of the PI and stay the PI pending the outcome of the appeal. On July 24thIndivior filed its opposition to the motions to expedite the PI and stay the PI pending appeal.
  • Teva filed a 505(b)(2) New Drug Application (NDA) for a 16mg/4mg strength of buprenorphine/naloxone film. Indivior, Aquestive Pharmaceuticals (formerly known as MonoSol Rx) and Teva agreed that infringement by Teva's 16mg/4mg dosage strength would be governed by the infringement ruling as to Dr. Reddy's 8mg/2mg dosage strength that was the subject of the trial in November 2016. Accordingly, the non-infringement ruling in the Dr. Reddy's case means that the Teva 16mg/4mg dosage strength has been found not to infringe. Indivior has appealed this November 2016 ruling.
  • Trial against Alvogen in the lawsuit involving the '514 and '497 Patents for SUBOXONE® Film took place in September 2017. The trial was limited to the issue of infringement because Alvogen did not challenge the validity of either patent. On March 22, 2018the District Court issued its ruling finding both patents valid but not infringed by Alvogen. Indivior has appealed this ruling. Alvogen's 30-month stay of FDA approval expired on October 29, 2017. So far as Indivior is aware, FDA to date has not granted tentative or final marketing authorization to Alvogen's generic buprenorphine/naloxone film product. If FDA were to grant final approval to Alvogen, this would enable Alvogen to market its generic buprenorphine/naloxone film product in the U.S.. However, any market launch by Alvogen before a ruling on appeal would be on an "at risk" basis because Indivior would have a claim for damages against Alvogen if Indivior ultimately prevails on appeal. Moreover, if Alvogen does launch "at risk", Indivior would seek a PI with the District Court to enjoin the launch of Alvogen's generic buprenorphine/naloxone film product pending the outcome of the lawsuit against Alvogen for infringement of the '305 Patent.
  • By a Court order dated August 22, 2016Indivior's SUBOXONE® Film patent litigation against Sandoz was dismissed without prejudice because Sandoz is no longer pursuing Paragraph IV certifications for its proposed generic formulations of SUBOXONE® Film.
  • On September 25, 2017Indivior settled its SUBOXONE® Film patent litigation in District Court against Mylan, the terms of which are confidential. Mylan received final FDA approval for its generic version of the 8mg buprenorphine/naloxone film product on June 14, 2018.
  • On May 11, 2018Indivior settled its SUBOXONE® Film patent litigation in the District Court against Par. Under the terms of the settlement agreement, Par can launch its generic buprenorphine/naloxone film product on January 1, 2023or earlier under certain circumstances. Other terms of the settlement agreement are confidential. So far as Indivior is aware, FDA to date has not granted tentative or final approval for Par's generic buprenorphine/naloxone film product.
  • Indivior has filed lawsuits against Alvogen, Dr. Reddy's, and Teva in the District Court of New Jerseyand against Actavis in the District Court of Utahfor infringement of U.S. Patent No. 9,687,454 (the '454 Patent), U.S. Patent No. 9,855,221 (the '221 Patent), and the '305 Patent. The Actavis suit has been transferred to the District Court of Delaware. Motions filed by Alvogen, Dr. Reddy's, and Teva to transfer the lawsuits against them from the District Court of New Jersey to the District Court of Delaware have been denied.

Rhodes Pharmaceuticals

  • On December 23, 2016 Rhodes Pharmaceuticals filed a complaint against Indivior in the District of Delawarealleging that Indivior's sale of SUBOXONE® Film in the U.S. infringes one or more claims of U.S. Patent No. 9,370,512 (the '512 Patent). The asserted patent, which was issued in June 2016claims priority to an application filed in August 2007. Indivior believes this claim is without merit and will continue to vigorously defend this action.
  • On March 16, 2018Indivior filed a petition for inter partes review (IPR) with the United States Patent and Trademark Office (USPTO) asserting that all claims of the '512 Patent are invalid. The USPTO will decide whether to institute Indivior's IPR on or about October 6, 2018.
  • The District Court case against Indivior has been stayed pending the USPTO's decision whether to institute the IPR.

Estate of John Bradley Allen

  • On December 27th, 2016the Estate of John Bradley Allen filed a civil complaint against Indivior, among other parties, in the Northern District of New York seeking relief under Connecticut's products liability and unfair trade practices statutes for damages allegedly caused by SUBOXONE®. Indivior believes this lawsuit is without merit and will continue to vigorously defend this action. A hearing on Indivior's pending motions to dismiss is scheduled for August 8, 2018.

In the event the final settlement amount of the DOJ matter is materially higher than the provision, and the Group is further adversely impacted should revenues decline (including possible declines from one or more of the generic companies successfully launching generic buprenorphine/naloxone sublingual film product or from further uncertainty in the U.S. buprenorphine/naloxone sublingual film market), or new products fail to meet expectations, the Group would not continue in business without taking necessary measures to reduce its cost base and improve its cash flow. In these circumstances the Directors believe they would be able to take the required steps to reduce the cost base, however, this would result in a significant change to the structure of the business.

Risk Factors

The Directors have reviewed the principal risks and uncertainties for the remainder of the 2018 financial year. The principal risks and uncertainties affecting the business activities of the Group are much in line with those detailed on pages 48 to 56 of the Indivior plc Annual Report 2017. The Group utilizes a formal process to identify, evaluate and manage significant risks. During the period, changes to the market environment have occurred, specifically impacting the Principal Risks of Business Operations and Business Continuity as well as Product Liability, Regulation and Litigation.

Due to the changes in market environment, the Group cannot reliably provide updated FY 2018 net revenue and adjusted net income guidance until the impact of DRL's "at risk" launch of its FDA-approved generic buprenorphine/naloxone sublingual film product in the United States prior to the granting of the temporary restraining order and subsequent preliminary injunction is better understood. As of July 13, 2018DRL has been enjoined by the U.S. District Court for the District of New Jersey from using, importing, selling, or offering to sell its FDA-approved generic buprenorphine/naloxone sublingual film product in the United Statespending the outcome of patent infringement litigation brought by Indivior against DRL related to U.S. Patent No. 9,931,305 (the "'305 Patent"). A trial date for this litigation has not yet been set, but analogs indicate a ruling could be expected sometime between H2 2019 and H2 2020. DRL has appealed the grant of the preliminary injunction and the bond amount to the CAFC and asked for expedited briefing. DRL has also asked the CAFC to stay the preliminary injunction pending the appeal. On July 24thIndivior filed its opposition to the motions to expedite the PI and stay the PI pending appeal. If the Group is unsuccessful in enforcing the validity and establishing infringement of the '305 Patent, the Group would be liable for damages for DRL's lost profits during the period of the injunction, which in the worst-case scenarios could adversely impact the Group's ability to operate, require significant change to the structure of the business, and recapitalization.

Therefore, other than in respect to the guidance for the full year 2018 and the updates listed below, the Directors consider the principal risks and uncertainties which could have a material impact on the Group's performance for the rest of the year remain the same as described on pages 48 to 56 of the 2017 Annual Report. These include:

Business operations and business continuity

  • The Group's future revenues are expected to be primarily derived from sales of SUBOXONE® Film and SUBLOCADE™ and any decrease in sales due to competition, supply, or quality issues could significantly affect the groups revenues, financial conditions and results of operations. In addition to customary risks associated with new product launch, complexity in the SUBLOCADE™ specialty distribution and patient access journey may result in initial adoption rates of SUBLOCADE™ being slower than expected and consequently requiring longer than projected to achieve peak net revenues.
  • Competition for qualified personnel in the biotechnology and pharmaceutical industries is intense, and high-performing talent in key positions is a business-critical requirement.
  • Failures or disruptions to the Group's systems, or the systems of third parties on whom the Group relies, due to any number of causes, particularly if prolonged, could result in a loss of key data and/or affect operations.
  • The Group's systems, software and networks may be vulnerable to unauthorized access, computer viruses or other malicious code or cyber threats that could have a security impact. All of these could be costly to remedy and could subject the Group to litigation and/or fines.
  • The Group has a single source of supply for buprenorphine, an active ingredient in the Group's products including SUBOXONE® Film and SUBLOCADE™, and any disruption to this source of supply could significantly affect the Group's revenues, financial conditions and results of operations.
  • Indivior utilizes contract manufacturers for SUBOXONE® Film and SUBLOCADE™, and material interruptions could adversely impact the Group's revenues, financial conditions and results of operations.

Product liability, regulation and litigation

  • The Group has obtained a preliminary injunction from the U.S. District Court for the District of New Jerseywhich prohibits Dr. Reddy's Laboratories (DRL) from using, importing, selling, or offering to sell its FDA-approved generic buprenorphine/naloxone sublingual film product in the U.S. pending the outcome of patent infringement litigation initiated by the Group related to the Group's U.S. Patent No. 9,931,305 covering SUBOXONE® Film. A ruling by the District Court in this proceeding is expected in H2 2019-H1 2020. If this ruling is adverse to the Group or if the preliminary injunction is overturned on appeal, the Group would be liable for damages incurred by DRL as a result of its prohibition from using, importing, selling, or offering to sell its generic buprenorphine/naloxone sublingual film product in the market during the term of the preliminary injunction.
  • As an innovative pharmaceutical company, the Group seeks to obtain appropriate intellectual property protection for its products. Its ability to obtain and enforce patents and other proprietary rights particularly for its products, drug formulation and delivery technologies and associated manufacturing processes is critical to business strategy and success. Specifically see disclosures within this press release on pages 7 to 8 referring to the current status of Abbreviated New Drug Application (ANDA) litigation and to the going concern statement on page 20 contained within note 1 of these condensed consolidated interim financial statements, which discusses the risks associated with current ANDA litigation, and the contingent liabilities disclosures in Note 8 of these condensed consolidated interim financial statements on pages 23 to 25.
  • The manufacture of the Group's products is highly exacting and complex, due in part to strict regulatory and manufacturing requirements. Active Pharmaceutical Ingredients (API) in many of the Group's products and product candidates are controlled substances that are subject to extensive regulation in all the countries in which the Group markets its products.
  • The testing, manufacturing, marketing, and sale of pharmaceutical products are highly regulated and entail a risk of product liability claims, product recalls, litigation, government investigations and enforcement action, and associated adverse publicity, each of which could have a material adverse impact on the business, prospects, results of operations and financial condition. Specifically, see disclosure on page 6 referring to the current status of the DOJ investigation and other investigative and antitrust litigation matters, and the contingent liabilities disclosures in Note 8 of these condensed consolidated interim financial statements on pages 23 to 25.
  • As previously disclosed on page 43 of Prospectus dated November 17, 2014Indivior has indemnification obligations in favor of Reckitt Benckiser (RB). The demerger agreement between Indivior and RB has certain mutual indemnification provisions in respect of any claims and expenses of or incurred by any company within the Indivior Group or the RB Group arising out of or associated with the Indivior business prior to the Demerger (whether or not in the ordinary course of business) and in respect of certain tax liabilities that may arise after, or as part of, the Demerger. Some of these indemnities are unlimited in terms of amount and duration, and amounts potentially payable by the Indivior Group pursuant to such indemnity obligations could be significant and could have a material adverse effect on the Indivior Group's business, financial condition and/or operating results. Requests for indemnification may be subject to legal challenge.

Product development

  • The regulatory approval process for new pharmaceutical products and expansion of existing pharmaceutical products is expensive, time-consuming and uncertain.
  • Even if product candidates are approved, there is no guarantee that they will be able to achieve expected market acceptance.

Commercial and governmental payor account, pricing and reimbursement pressure

  • The Group's revenues are partly dependent on the availability and level of coverage provided to the Group by private insurance companies and governmental reimbursement schemes for pharmaceutical products, such as Medicare and Medicaid in the U.S.
  • Changes to governmental policy or practices could adversely affect the Group's revenues, financial condition and results of operations. In addition, the reimbursement of treatment established by healthcare providers, private health insurers and other organizations may be reduced.
  • SUBLOCADE requires a very different reimbursement and logistics system that is unfamiliar for current OUD prescribing healthcare professionals. A significant amount of revenue will be dependent upon HCP offices learning and adopting these new processes so that they are able to prescribe SUBLOCADE.

Compliance with laws and ethical behavior

  • Business practices in the pharmaceutical industry are subject to increasing scrutiny by government authorities. Failure to comply with applicable laws and rules and regulations in any jurisdiction may result in fines, civil and/or criminal legal proceedings, each of which could have a material adverse impact on the business, prospects, results of operations and financial condition. Specifically see disclosure on page 6 referring to the current status of the DOJ investigation and other investigative and antitrust litigation matters, and the contingent liabilities disclosures in Note 8 of these condensed consolidated interim financial statements on pages 23 to 25.

Acquisitions and business development

  • The Group may seek to acquire businesses or products as part of our strategy to enhance our current portfolio.

Patient safety

  • A pharmacovigilance process has been established to monitor the safety of the Group's products in a comprehensive and thorough manner. This includes capturing safety-related data from multiple sources (e.g. Medical Information Unit (MIU), market research, literature search and clinical trials) and entering all adverse events received into a safety database. The Company reports to health authorities across the globe within the required and mandatory timelines. Safety signals are identified and assessed for any changes to the benefit/risk profile. Determination is made if further actions are needed to optimize the safe and effective use of our products, including communicating any relevant changes to key stakeholders.

Exchange Rates

The average and period end exchange rates used for the translation of currencies into U.S. dollars that have most significant impact on the Group's results were:

6 Months to June 30,

2018

6 Months to June 30,

2017

GB £ period end

1.3113

1.2926

GB £ average rate

1.3771

1.2584

€ Euro period end

1.1553

1.1379

€ Euro average

1.2115

1.0815

Webcast Details

There will be a presentation at 11:30 am UK time (6:30 am Eastern in the USA) hosted by Shaun ThaxterCEO. This presentation will also be webcast live. The details are below and are available on the Company's website at www.indivior.com.

Webcast link:              https://edge.media-server.com/m6/p/9qqtethv

Confirmation Code: 

9196839

Participants, Local – London, United Kingdom:

+44(0)330 336 9411

Participants, Local – New York, United States of America:

+1 323 994 2082

Corporate Website       www.indivior.com

This announcement does not constitute an offer to sell, or the solicitation of an offer to subscribe for or otherwise acquire or dispose of shares in the Company to any person in any jurisdiction to whom it is unlawful to make such offer or solicitation.

About Indivior

Indivior is a global specialty pharmaceutical company with a 20-year legacy of leadership in patient advocacy and health policy while providing education on evidence-based treatment mod els t hat have revolutionized modern addiction treatment. The name is the fusion of the words individual and endeavor, and the tagline "Focus on you" makes the Company's commitment clear. Indivior is dedicated to transforming addiction from a global human crisis to a recognized and treated chronic disease. Building on its global portfolio of opioid dependence treatments, Indivior has a strong pipeline of product candidates designed to both expand on its heritage in this category and address other chronic conditions and co-occurring disorders of addiction, including alcohol use disorder and schizophrenia. Headquartered in the United States in Richmond, VAIndivior employs more than 1000 individuals globally and its portfolio of products is available in over 40 countries worldwide. Visit www.indivior.com to learn more.

Forward-Looking Statements

This announcement contains certain statements that are forward-looking and which should be considered, amongst other statutory provisions, in light of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. By their nature, forward-looking statements involve risk and uncertainty as they relate to events or circumstances that may or may not occur in the future. Actual results may differ materially from those expressed or implied in such statements because they relate to future events. Forward-looking statements include, among other things, statements regarding the Indivior Group's financial guidance for 2018 and its medium- and long-term growth outlook, its operational goals, its product development pipeline and statements regarding ongoing litigation.

Various factors may cause differences between Indivior's expectations and actual results, including: factors affecting sales of Indivior Group's products; the outcome of research and development activities; decisions by regulatory authorities regarding the Indivior Group's drug applications; the speed with which regulatory authorizations, pricing approvals and product launches may be achieved; the outcome of post-approval clinical trials; competitive developments; difficulties or delays in manufacturing; the impact of existing and future legislation and regulatory provisions on product exclusivity; trends toward managed care and healthcare cost containment; legislation or regulatory action affecting pharmaceutical product pricing, reimbursement or access; claims and concerns that may arise regarding the safety or efficacy of the Indivior Group's products and product candidates; risks related to legal proceedings, including the ongoing investigative and antitrust litigation matters; the Indivior Group's ability to protect its patents and other intellectual property; the outcome of patent infringement litigation relating to Indivior Group's products, including the ongoing ANDA lawsuits; changes in governmental laws and regulations; issues related to the outsourcing of certain operational and staff functions to third parties; uncertainties related to general economic, political, business, industry, regulatory and market conditions; and the impact of acquisitions, divestitures, restructurings, internal reorganizations, product recalls and withdrawals and other unusual items.

SUBOXONE (BUPRENORPHINE AND NALOXONE) SUBLINGUAL FILM (CIII)

INDICATION AND HIGHLIGHTED SAFETY INFORMATION

INDICATION

SUBOXONE Film is indicated for the treatment of opioid dependence.

SUBOXONE Film should be used as part of a complete treatment plan that includes counseling and psychosocial support.

HIGHLIGHTED SAFETY INFORMATION

Prescription use of this product is limited under the Drug Addiction Treatment Act.

CONTRAINDICATIONS

SUBOXONE Film should not be used by patients who have been shown to be hypersensitive to buprenorphine or naloxone.

WARNINGS AND PRECAUTIONS

Addiction, Abuse, and Misuse: SUBOXONE Film contains buprenorphine, a Schedule III controlled substance that can be abused in a manner similar to other opioids. Monitor patients for conditions indicative of diversion or progression of opioid dependence and addictive behaviors. Multiple refills should not be prescribed early in treatment or without appropriate patient follow‐up visits.

Respiratory Depression: Life threatening respiratory depression and death have occurred in association with buprenorphine use. Warn patients of the potential danger of self-administration of benzodiazepines or other CNS depressants while under treatment with SUBOXONE Film.

Unintentional Pediatric Exposure: Store SUBOXONE Film safely out of the sight and reach of children. Buprenorphine can cause severe, possibly fatal, respiratory depression in children.

Neonatal Opioid Withdrawal Syndrome: Neonatal opioid withdrawal syndrome is an expected and treatable outcome of prolonged use of opioids during pregnancy.

Adrenal Insufficiency: If diagnosed, treat with physiologic replacement of corticosteroids, and wean patient off of the opioid.

Risk of Opioid Withdrawal with Abrupt Discontinuation: If treatment is temporarily interrupted or discontinued, monitor patients for withdrawal and treat appropriately.

Risk of Hepatitis, Hepatic Events: Monitor liver function tests prior to initiation and during treatment and evaluate suspected hepatic events.

Precipitation of Opioid Withdrawal Signs and Symptoms: An opioid withdrawal syndrome is likely to occur with parenteral misuse of SUBOXONE Film by individuals physically depe ndent on full opioid agonists, or by sublingual or buccal administration before the agonist effects of other opioids have subsided.

Risk of Overdose in Opioid‐Naïve Patients: SUBOXONE Film is not appropriate as an analgesic. There have been reported deaths of opioid naïve individuals who received a 2mg sublingual dose.

ADVERSE REACTIONS

Adverse events commonly observed with the sublingual/buccal administration of the SUBOXONE Film are oral hypoesthesia, glossodynia, oral mucosal erythema, headache, nausea, vomiting, hyperhidrosis, constipation, signs and symptoms of withdrawal, insomnia, pain, and peripheral edema.

For more information about SUBOXONE Film, please see the full Prescribing Information and Medication Guide at suboxone.com.

SUBLOCADE (BUPRENORPHINE EXTENDED-RELEASE) INJECTION FOR SUBCUTANEOUS USE (CIII)

INDICATION AND HIGHLIGHTED SAFETY INFORMATION

INDICATION

SUBLOCADE is indicated for the treatment of moderate to severe opioid use disorder in patients who have initiated treatment with a transmucosal buprenorphine-containing product, followed by dose adjustment for a minimum of 7 d ays.

SUBLOCADE should be used as part of a complete treatment plan that includes counseling and psychosocial support.

WARNING: RISK OF SERIOUS HARM OR DEATH WITH INTRAVENOUS ADMINISTRATION; SUBLOCADE RISK EVALUATION AND MITIGATION STRATEGY

*

Serious harm or death could result if administered intravenously. SUBLOCADE forms a solid mass upon contact with body fluids and may cause occlusion, local tissue damage, and thrombo-embolic events, including life threatening pulmonary emboli, if administered intravenously.

*

Because of the risk of serious harm or death that could result from intravenous self-administration, SUBLOCADE is only available through a restricted program called the SUBLOCADE REMS Program. Healthcare settings and pharmacies that order and dispense SUBLOCADE must be certified in this program and comply with the REMS requirements.

HIGHLIGHTED SAFETY INFORMATION

Prescription use of this product is limited under the Drug Addiction Treatment Act.

CONTRAINDICATIONS

SUBLOCADE should not be administered to patients who have been shown to be hypersensitive to buprenorphine or any component of the ATRIGEL® delivery system

WARNINGS AND PRECAUTIONS

Addiction, Abuse, and Misuse: SUBLOCADE contains buprenorphine, a Schedule III controlled substance that can be abused in a manner similar to other opioids. Monitor patients for conditions indicative of diversion or progression of opioid dependence and addictive behaviors.

Respiratory Depression: Life threatening respiratory depression and death have occurred in association with buprenorphine. Warn patients of the potential danger of self-administration of benzodiazepines or other CNS depressants while under treatment with SUBLOCADE.

Neonatal Opioid Withdrawal Syndrome: Neonatal opioid withdrawal syndrome is an expected and treatable outcome of prolonged use of opioids during pregnancy.

Adrenal Insufficiency: If diagnosed, treat with physiologic replacement of corticosteroids, and wean patient off of the opioid.

Risk of Opioid Withdrawal With Abrupt Discontinuation: If treatment with SUBLOCADE is discontinued, monitor patients for several months for withdrawal and treat appropriately.

Risk of Hepatitis, Hepatic Events: Monitor liver function tests prior to and during treatment.

Risk of Withdrawal in Patients Dependent on Full Agonist Opioids: Verify that patient is clinically stable on transmucosal buprenorphine before injecting SUB LOCADE.

Treatment of Emergent Acute Pain: Treat pain with a non-opioid analgesic whenever possible. If opioid therapy is required, monitor patients closely because higher doses may be required for analgesic effect.

ADVERSE REACTIONS

Adverse reactions commonly associated with SUBLOCADE (in ≥5% of subjects) were constipation, headache, nausea, injection site pruritus, vomiting, increased hepatic enzymes, fatigue, and injection site pain.

For more information about SUBLOCADE, the full Prescribing Information including BOXED WARNING, and Medication Guide visit www.sublocade.com.

Condensed consolidated interim income statement

 

 

 

For the three months ended June 30

Notes

Unaudited

Q2

2018

$m

Unaudited

Q2

2017

$m

Unaudited

H1[19659003]2018

$m

Unaudited

H1

2017

$m

Net Revenues

2

268

288

524

553

Cost of Sales

(35)

(25)

(59)

(45)

Gross Profit

233

263

465

508

Selling, general and administrative expenses

3

(131)

(127)

(231)

(220)

Research and development expenses

3

(18)

(19)

(34)

(44)

Operating Profit

84

117

200

244

Operating profit before exceptional items

84

142

183

269

Exceptional items

3

(25)

17

(25)

Finance income

4

2

6

3

Finance expense

(10)

(16)

(17)

(28)

Profit before taxation

78

103[19659435]189

219

Income tax expense

(8)

(30)

(27)

(66)

Taxation before exceptional items

5

(8)

(39)

(25)

(75)

Exceptional items within taxation

5

9

(2)

9

Net income

70

73

162

153

Earnings per ordinary share (cents)

Basic earnings per share

6

10

10

22

21

Diluted earnings per share

6

9

10

22

20

Condensed consolidated interim statement of comprehensive income

 

 

 

For the three months ended June 30

Unaudited

Q2

2018

$m

Unaudited

Q2

2017

$m

Una udited

H1

2018

$m

Unaudited

H1

2017

$m

Net income

70

73

162

153

Other comprehensive income

Items that may be reclassified to profit or loss in

subsequent years:

Net exchange adjustments on foreign currency

translation

(16)

1

(10)

3

Other comprehensive (loss)/income

(16)

1

(10)

3

Total comprehensive income

54

74

152

156

The notes are an integral part of these condensed consolidated interim financial statements.

Condensed consolidated interim balance sheet

Unaudited

Audited

Jun 30, 2018

Dec 31, 2017

Notes

$m

$m

ASSETS

Non-current asset s

Intangible assets

108

92

Property, plant and equipment and other assets

55

54

Deferred tax assets

5

63

58

Other receivables

22

15

248

219

Current assets

Inventories

72

52

Trade and other receivables

285

278

Current tax receivable

26

32

Cash and cash equivalents

7

951

863

1,334

1,225

Total assets

1,582

1,444

LIABILITIES

Current liabilities

Borrowings

7

(5)

(5)

Provisions

8

(189)

(143)

Trade and other payables

9

(644)

(665)

Current tax liabilities

5

(51)

(41)

(889)

(854)

Non-cu rrent liabilities

Borrowings

7

(472)

(477)

Provisions

8

(264)

(316)

(736)

(793)

Total liabilities

(1,625)

(1,647)

Net liabilities

(43)

(203)

EQUITY

Capital and reserves

Share capital

10

73

72

Share premium

4

2

Other Reserves

(1,295)

(1,295)

Foreign currency translation reserve

(24)

(14)

Retained Earnings

1,199

1,032

Total equity

(43)[19659381](203)

The notes are an integral part of these condensed consolidated interim financial statements.

Condensed consolidated interim statement of changes in equity

Notes

Share

capital

Shar e

Premium

Other

reserve

Foreign

Currency

Translation

reserve

Retained

earnings

Total

equity

Unaudited

$m

$m

$m

$m

$m

$m

Balance at January 1, 2018

72

2

(1,295)

(14)

1,032

(203)

Comprehensive income

Net income

-[19659634]-

162

162

Other comprehensive income

(10)

(10)

Total comprehensive income

(10)[19659434]162

152

Transactions recognised directly in equity

Share-based plans

1

2

5

8

Deferred taxation on share-based plans

Balance at June 30, 2018

73

4

(1,295)

(24)

1,199

(43)

Unaudited

Balance at January 1, 2017

72

(1,295)

(22)

950

(295)

Comprehensive income

Net income

153

153

Other comprehensive income

3

3

Total comprehensive in come

3

153

156

Transactions recognised directly in equity

Share-based plans

1

5

6

Deferred taxation on share-based plans

Balance at June 30, 2017

72

1

(1,295)

(19)

1,108

(133)

The notes are an integral part of these condensed consolidated interim financial statements.

Condensed consolidated interim cash flow statement

For the six months ended June 30

Unaudited

2018

$m

Unaudited

2017

$m

CASH FLOWS FROM OPERATING ACTIVITIES

Operating Profit

200

244

Depreciation and amortization

7

4

Gain on disposal of intangible asset

(17)

Share-based payments

5

5

Impact from foreign exchange movements

(4)

2

Increase in trade and other receivables

(11)

(11)

Increase in inventories

(24)

(5)

Decrease in trade and other payables

(30)

(57)

(Decrease)/increase in provisions

(7)

23

Cash generated from operations

119

2 05

Interest paid

(10)

(19)

Interest received

6

3

Taxes paid

(15)

(4)

Net cash inflow from operating activities

100

185

CASH FLOWS FROM INVESTING ACTIVITIES

Purchase of property, plant and equ ipment

(5)

(15)

Purchase of intangible assets

(20)

(1)

Proceeds from license of intangible assets

13

Net cash inflow/(outflow) from investing activities

(12)

(16)

CASH FLOWS FROM FINANCING ACTIVITIES

Repayment of borrowings

(2)

(71)

Proceeds from the issuance of ordinary shares

3

Net cash (outflow) from financing activities

1

(71)

Net increase in cash and cash equivalents

89

98

Cash and cash equivalents at begi nning of the period

863

692

Exchange differences

(1)

2

Cash and cash equivalents at end of the period

951

792

The notes are an integral part of these condensed consolidated interim financial statements.

Not es to the condensed consolidated interim financial statements

1. BASIS OF PREPARATION AND ACCOUNTING POLICIES

Indivior PLC (the 'Company') is a public limited company that was incorporated and domiciled in the United Kingdom on September 26, 2014. In these condensed consolidated interim financial statements ('Interim Financial Statements'), reference to the 'Group' means the Company and all its subsidiaries.

These Interim Financial Statements have been prepared in conformity with IAS 34 Interim Financial Reporting. The financial information herein has been prepared in the basis of the accounting policies set out in the annual accounts of the Group for the year ended December 31, 2017 and should be read in conjunction with those annual accounts. The Group prepares its annual accounts in accordance with International Financial Reporting Standards (IFRS) and IFRS Interpretations Committee (IFRIC) interpretations as adopted by the European Union and the Companies Act 2006 (the Act) applicable to companies reporting under IFRS. In preparing these condensed interim financial statements, the significant judgments made by management in applying the Group's accounting policies and the key sources of estimation uncertainty were the same as those that applied to the consolidated financial statements for the year ended December 31, 2017with the exception of changes in estimates that are required in determining the interim provision for income taxes and legal provision.

These condensed consolidated interim financial statements reflect the Group's adoption of IFRS 15 Revenue from Contracts with Customers and IFRS 9 Financial Instruments as of January 1, 2018. There were no adjustments made in the current period or prior year comparative as a result of the adoption of these new standards.

IFRS 16 "Leases", which is effective 1 January 2019introduces a single, on-balance sheet accounting model for lessees. We will recognize a right-of-use asset and a lease liability for our obligation to make lease payments. There are recognition exemptions for short-term leases and leases of low-value items. The nature of expenses related to those leases will also change because IFRS 16 replaces the straight-line operating lease expense with a depreciation charge for right-of-use assets and interest expense on lease liabilities.

The Group has completed an initial assessment of the potential impact of IFRS 16 on its consolidated financial statements but has not yet completed its detailed assessment. The actual financial statement impact in the period of initial application will depend on the composition of the Group's lease portfolio at that date, our assessment of whether lease renewal options will be exercised and our use of practical expedients and recognition exemptions. Thus far, the most significant impact identified is that the Group will recognize assets and liabilities for operating leases of office facilities; however, the total amount has not been quantified.

The Interim Financial Statements do not include all the information and disclosures required in the annual financial statements, and should be read in conjunction with the Group's annual financial statements as at December 31, 2017. These Interim Financial Statements have been reviewed and not audited. These Interim Financial Statements were approved for issue as at July 24, 2018.

As disclosed in Note 8, the Group carries a provision of $438m relating to the Department of Justice investigations. The final settlement amount may be materially higher than this provision. This could impact the Group's ability to operate, which would be further adversely impacted should revenues decline, (including possible declines from one or more of the generic companies successfully launching generic buprenorphine/naloxone sublingual film product or from further uncertainty in the U.S. buprenorphine/naloxone sublingual film market) or new products fail to meet expectations, the Group would not continue in business without taking necessary measures to reduce its cost base and improve its cash flow. As such, this indicates a material uncertainty that may cast significant doubt on the Group's ability to continue as a going concern. However, the Directors believe they have the ability to carry out the measures that would be necessary for the Group to continue as a going concern for at least the next twelve months. Accordingly, the Directors continue to adopt the going concern basis for accounting in preparing these financial statements, which do not include any adjustments that might result from the outcome of this uncertainty.

The financial information contained in this document does not constitute statutory accounts as defined in section 434 and 435 of the Act. For the Group's financial statements for the year ended December 31, 2017the auditors issued (1) an emphasis of matter dealing with the outcome of the Department of Justice and Federal Trade Commission investigations and antitrust litigation details of which are included above and in note 8; and (2) a material uncertainty related to going concern dealing with the existence of a material uncertainty which may cast significant doubt about the Group's ability to continue as a going concern in relation to the Group's involvement in investigations by the Department of Justice and the Federal Trade Commissions as well as antitrust litigation, which would be further adversely impacted should revenues decline, if the uptake of SUBLOCADE™ is slower than expected, and pipeline products fail to obtain regulatory approval. The Group's statutory financial statements for the year ended December 31, 2017 were approved by the Board of Directors on March 6, 2018 and were delivered to the Registrar of Companies.

2. SEGMENT INFORMATION

Operating segments are reported in a manner consistent with the internal reporting provided to the chief operating decision-maker ('CODM'). The CODM, who is responsible for allocating resources and assessing performance of the operating segments, has been identified as the Chief Executive Officer (CEO). The Indivior Group is engaged in a single business activity, which is the development, manufacture and sale of buprenorphine-based prescription drugs for treatment of opioid dependence. The CEO reviews financial information on a geographic basis for evaluating financial performance and allocating resources. The Group has a single reportable segment.

Revenues

Revenues are attributed to countries based on the country where the sale originates. The following table represents revenue from continuing operations attributed to countries based on the country where the sale originates and non-current assets, net of accumulated depreciation and amortization, by country. Non-current assets for this purpose consist of property, plant and equipment, intangible assets, and other receivables. Revenues and non-currents assets for the six months to June 30, 2018 and 2017 were as follows:

Revenues from sale of goods:

For the six months ended June 30

Q2

2018

$m

Q2

2017

$m

H1

2018

$m

H1

2017

$m

United States

214

237

411

452

ROW

54

51

113

101

Total

268

288

524

553

Non-current assets:

June 30,

2018

$m

Dec 31,

2017

$m

United States

65

68

ROW[19659867]120

93

Total

185

161

3. OPERATING EXPENSES

The table below sets out selected operating expenses information:

For the six months ended June 30

Q2

2018

$m

Q2

2017

$m

H1

2018

$m

H1

2017

$m

Research and development expenses

(18)

(19)

(34)

(44)

Marketing, selling and distribution expenses

(56)

(37)

(102)

(69)

Administrative expenses

(71)

(86)

(121)

(143)

Depreciation and amortization

(3)

(2)

(6)

(4)

Operating lease rentals

(1)

(2)

(2)

(4)

Total

(131)

(127)[19659380](231)

(220)

In 2018, $7m of devel opment costs relating to RBP-7000 have been capitalized within intangible assets. Additionally, distribution costs of less than $2m have been reclassified from Operating Expenses to Cost of Sales to better reflect the nature of the costs with SUBLOCADE™ launch. The prior year has not been adjusted as the total amount, which was about $2mis not material.

Exceptional Items

For the six months ended June 30

Q2

2018

$m

Q2

2017

$m

H1

2018

$m

H1

2017

$m

Other operating income

17

Legal Expenses/Provision

(25)

(25)

Total exceptional items before taxes         

(25)

17

(25)

Tax on exceptional items

9

(2)

9

Total exceptional items

(16)[19659413]15

(16)

$17m of exceptional inco me in the half year relates to the proceeds received from the out-licensing of nasal naloxone opioid overdose patents which are included within SG&A. Exceptional expense in the prior year is for a conclusive legal settlement with Amneal Pharmaceuticals LLC relating to anti-trust litigation.

4. ADJUSTED RESULTS        

The board and management team use adjusted results and measures to give greater insight to the financial results of the Group and the way it is managed. The tables below show the list of adjustments between the reported and adjusted operating profit and net income for both H1/Q2 2018 and H1/Q2 2017.

Reconciliation of operating profit to adjusted operating profit

For the six months ended June 30

Q2

2018

$m

Q2

2017

$m

H1

2018

$m

H1

2017

$m

Operating profit

84

117

200

244

Exceptional selling, general and administrative expenses

25

25

Exceptional operating income

(17)

Adjusted operating profit

84

142

1 83

269

Reconciliation of net in come to adjusted net income

For the six months ended June 30

Q2

2018

$m

Q2

2017

$m

H1

2018

$m

H1

2017

$m

Net Income

70

73

162

153

Exceptional selling, general and administrative expenses

25

25

Exceptional operating income

(17)

Tax on exceptional items

(9)

2

(9)

Adjusted net income

70

89

147

169

5. TAXATION

The Group calculates tax expense for interim periods using the expected full year rates, considering the pre-tax income and statutory rates for each jurisdiction. The resulting expense is allocated between current and deferred taxes based upon the forecasted full year ratio.

In Q2 2018, tax on total profits amounted to $8m excluding the tax effect on exceptionals (Q2 2017: $39m) and represented a quarterly effective tax rate of 10% (Q2 2017: 30% excluding exceptionals). The Group's balance sheet at June 30, 2018 included a current tax payable of $51m (FY 2017: $41m), current tax receivable of $26m (FY 2017: $32m), and deferred tax asset of $63m (FY 2017: $58m).

In the H1 2018, tax on total profits amounted to $25m (H1 2017: $75m) excluding the tax effect on exceptionals and represented a H1 2018 tax rate of 15%, (H1 2017: 31%, excluding exceptionals).

The decrease in the effective tax rate to 15% was primarily driven by the relative contribution to pre-tax income by taxing jurisdiction in the quarter, along with the impacts of U.S. Tax Reform rate reduction, and UK reduced rate due to patent box benefit. While there may be fluctuations in the rate from quarter to quarter, this rate reduction is expected to be materially sustained for the full year.

The United Kingdom ('UK') decision to withdraw from the European Union ('EU') could have a material effect on our taxes. The impact of the withdrawal will not be known until both the EU and the UK develop the exit plan and the related changes in tax laws are enacted. We will adjust our current and deferred income taxes when tax law changes related to the UK withdrawal are substantively enacted and/or when EU law ceases to apply in the UK.

6. EARNINGS PER SHARE

For the six months ended June 30

Q2

2018

cents

Q2

2017

cents

H1

2018

cents

H1

2017

cents

Basic earnings per share

10

10

22

21

Diluted earnings per share

9

10

22

20

Adjusted basic earnings per share

10

12

20

23

Adjusted diluted earnings per share

9

12

20

23

Basic

Basic earnings per share ("EPS") is calculated by dividing profit for the period attributable to owners of the Company by the weighted average number of ordinary shares in issue during the period.

Diluted

Diluted earnings per share is calculated by adjusting the weighted average number of ordi nary shares outstanding to assume conversion of all dilutive potential ordinary shares. The Company has dilutive potential ordinary shares in the form of stock options and awards. The weighted average number of shares is adjusted for the number of shares granted assuming the exercise of stock options.

Weighted average number of shares

2018

thousands

2017

thousands

On a basic basis

725,917

720,714

Dilution from share awards and options

24,190

27,930

On a diluted basis

750,107

748,644

Adjusted Earnings

The Directors believe that diluted earnings per share, adjusted for the impact of exceptional items after the appropriate tax amount, provides more meaningful information on underlying trends to shareholders in respect of earnings per ordinary share. A reconciliation of net income to adjusted net income is included in Note 4.

7. FINANCIAL LIABILITIES – BORROWINGS

Current

June 30

2018

$m

Dec 31

2017

$m

Bank loans

(5)

(5)

(5)

(5)

Non-current

June 30

2018

$m

Dec 31

2017

$m

Bank loans

(472)

(477)

(472)

(477)

Analysis of net debt

June 30

2018

$m

Dec 31

2017

$m

Cash and cash equivalents

951

863

Borrowings*

(482)

(487)

469

376

*Borrowings reflects the principal amount drawn, before debt issuance costs of $5m (FY 2017: $5m).

Reconciliation of net debt

June 30

2018

$m[1 9659403]Dec 31

2017

$m

The movements in the period were as follows:

Net cash at beginning of period

376

131

Increase in cash and cash equivalents

88

171

Net repayment of borrowings

2

86

Exchange adjustments

3

(12)

Net cash at end of period

469

376

The net carrying value of current borrowings before issuance costs and cash at bank, as well as trade receivables and trade payables are assumed to approximate their fair values. The terms of the loan in effect at June 30, 2018 are as follows:

Currency

Nominal interest

margin

Maturity

Required

annual

repayments

Maximum

leverage ratio

Term loan facility

USD

Libor (1%) + 4.5%

2022

1%

3.0*

Term loan facility

EUR

Libor (0%) + 4.5%

2022

1%

3.0*

  • Nominal interest margin is calculated over 3m LIBOR subject to the LIBOR floor.
  • The maximum leverage ratio is a financial covenant to maintain net secured leverage below a specified maximum (*Adjusted aggregated net debt to Adjusted EBITDA ratio) which stands at 3.0x, following the debt restructuring.

8. CONTINGENT LIABILITIES

The Group carries a provision for investigative and antitrust litigation matters of $438m. Substantially all of the provision relates to the U.S. Department of Justice investigation. The Group is in advanced discussions with the Department of Justice about a possible resolution to its investigations, although it cannot predict with any certainty whether, when, or at what cost it will reach an ultimate resolution.

The Group reduced other elements of the provision that relate to other litigation matters reflecting the Group's belief that it has strong defences in the antitrust and other litigations and is now actively litigating these matters. Indivior cannot predict with any certainty whether, when, or at what cost it will reach ultimate resolution of the antitrust and other litigation matters.

The final aggregate cost of these matters may be materially higher than the amount provided.

Department of Justice Investigation

  • A U.S. federal criminal grand jury investigation of Indivior initiated in December 2013 is continuing, and includes marketing and promotion practices, pediatric safety claims, and overprescribing of medication by certain physicians. The U.S. Attorney's Office for the Western District of Virginia has served a number of subpoenas relating to SUBOXONE® Film, SUBOXONE® Tablet, SUBUTEX® Tablet, buprenorphine and our competitors, among other issues. The Group has responded to the subpoenas and has otherwise cooperated fully with the Department and prosecutors and will continue to do so. The Group is in advanced discussions with the Department of Justice about a possible resolution to its investigation. However, it is not possible to predict with any certainty the potential impact of this investigation on the Group or to quantify the ultimate cost of a resolution.

State Subpoenas

  • On October 12, 2016Indivior was served with a subpoena for records from the State of Connecticut Office of the Attorney General under its Connecticut civil false claims act authority. The subpoena requests documents related to the Group's marketing and promotion of SUBOXONE® products and its interactions with a non-profit third-party organization. On November 16, 2016Indivior was served with a subpoena for records from the State of California Department of Insurance under its civil California insurance code authority. The subpoena requests documents related to SUBOXONE® Film, SUBOXONE® Tablet, and SUBUTEX® Tablet. The State has served additional deposition subpoenas on Indivior in 2017 and served a subpoena in 2018 requesting documents relating to the bioavailability / bioequivalency of SUBOXONE® Film, manufacturing records for the product and its components, and the potential to develop dependency on SUBOXONE Film. The Group is fully cooperating in these civil investigations.

FTC investigation and Antitrust Litigation

  • The U.S. Federal Trade Commission's investigation remains pending. Litigation regarding privilege claims has now been resolved. Indivior has produced certain documents that it had previously withheld as privileged; other such documents have not been produced.
  • Fact discovery is continuing in the antitrust class action litigation. Plaintiffs allege, among other things, that Indivior violated U.S. federal and state antitrust laws in attempting to delay generic entry of alternatives to SUBOXONE® tablets, and plaintiffs further allege that Indivior unlawfully acted to lower the market share of these products.
  • A group of 41 states, and the District of Columbia filed suit against Indivior in the same district where the antitrust class action litigation is pending. The States' complaint is similar to the other antitrust complaints and alleges violations of U.S. state and federal antitrust and consumer protection laws. This lawsuit relates to the antitrust investigation conducted by various states, as discussed in previous filings. Discovery has been coordinated with the antitrust class action litigation.
  • The Group believes it has strong defences and is vigorously litigating these matters.

ANDA Litigation

  • Actavis is currently enjoined from launching a generic buprenorphine/naloxone film product until April 2024 based on a June 3, 2016 District Court ruling finding U.S. Patent No. 8,603,514 (the '514 Patent) valid and infringed. Actavis has appealed this ruling. On October 24, 2017Actavis received tentative approval from FDA for at least its 8mg/2mg generic product under its Abbreviated New Drug Application (ANDA) No. 204383 and on November 15, 2017it received tentative approval for its 12mg/3mg generic product under ANDA No. 207087.
  • On August 31, 2017 a District Court ruling in a lawsuit that asserted claims of U.S. Patent No. 8,017,150 (the '150 Patent), U.S. Patent No. 8,900,497 (the '497 Patent), and the '514 Patent found that these patents are valid but not infringed by Dr. Reddy's. Indivior has appealed this ruling. Dr. Reddy's received final FDA approval for all four strengths of its generic buprenorphine/naloxone film product on June 14, 2018and immediately launched its generic buprenorphine/naloxone film product "at-risk." On June 15, 2018Indivior filed a motion with the District Court of New Jersey seeking a Temporary Restraining Order (TRO) and Preliminary Injunction (PI) pending the outcome of a trial on the merits of U.S. Patent No. 9,931,305 (the '305 Patent). The District Court of New Jersey granted Indivior a two-week TRO, preventing Dr. Reddy's from continuing to sell or offer to sell its generic product. Indivior was required to post an $18 million surety bond to cover Dr. Reddy's damages in the event of an Indivior loss of its patent case against Dr. Reddy's. On June 28, 2018the District Court of New Jersey heard oral argument in support of Indivior's motion for a PI against Dr. Reddy's and, at the conclusion of this hearing, the District Court extended the TRO for an additional 14 days in order to rule on the PI motion and required Indivior to post another $18 million surety bond. On July 13, 2018the District Court issued its ruling granting Indivior a PI against Dr. Reddy's. On the same day, Dr. Reddy's filed a motion to stay the PI pending appeal with the District Court and a Notice of Appeal with the Federal Circuit. On July 18, 2018the District Court ordered Indivior to post a surety bond for $72 million (that total figure being inclusive of the $36 million surety bond already posted) in connection with the PI. That same day, the District Court also denied Dr. Reddy's motion to stay the PI pending appeal. On July 19, 2018Dr. Reddy's filed with the CAFC its opening brief for the appeal of the PI, along with emergency motions seeking to expedite the appeal of the PI and stay the PI pending the outcome of the appeal. On July 24thIndivior filed its opposition to the motions to expedite the PI and stay the PI pending appeal.
  • Teva filed a 505(b)(2) New Drug Application (NDA) for a 16mg/4mg strength of buprenorphine/naloxone film. Indivior, Aquestive Pharmaceuticals (formerly known as MonoSol Rx) and Teva agreed that infringement by Teva's 16mg/4mg dosage strength would be governed by the infringement ruling as to Dr. Reddy's 8mg/2mg dosage strength that was the subject of the trial in November 2016. Accordingly, the non-infringement ruling in the Dr. Reddy's case means that the Teva 16mg/4mg dosage strength has been found not to infringe. Indivior has appealed this November 2016 ruling.
  • Trial against Alvogen in the lawsuit involving the '514 and '497 Patents for SUBOXONE® Film took place in September 2017. The trial was limited to the issue of infringement because Alvogen did not challenge the validity of either patent. On March 22, 2018the District Court issued its ruling finding both patents valid but not infringed by Alvogen. Indivior has appealed this ruling. Alvogen's 30-month stay of FDA approval expired on October 29, 2017. So far as Indivior is aware, FDA to date has not granted tentative or final marketing authorization to Alvogen's generic buprenorphine/naloxone film product. If FDA were to grant final approval to Alvogen, this would enable Alvogen to market its generic buprenorphine/naloxone film product in the U.S.. However, any market launch by Alvogen before a ruling on appeal would be on an "at risk" basis because Indivior would have a claim for damages against Alvogen if Indivior ultimately prevails on appeal. Moreover, if Alvogen does launch "at risk", Indivior would seek a PI with the District Court to enjoin the launch of Alvogen's generic buprenorphine/naloxone film product pending the outcome of the lawsuit against Alvogen for infringement of the '305 Patent.
  • By a Court order dated August 22, 2016Indivior's SUBOXONE® Film patent litigation against Sandoz was dismissed without prejudice because Sandoz is no longer pursuing Paragraph IV certifications for its proposed generic formulations of SUBOXONE® Film.
  • On September 25, 2017Indivior settled its SUBOXONE® Film patent litigation in District Court against Mylan, the terms of which are confidential. Mylan received final FDA approval for its generic version of the 8mg buprenorphine/naloxone film product on June 14, 2018.
  • On May 11, 2018Indivior settled its SUBOXONE® Film patent litigation in the District Court against Par. Under the terms of the settlement agreement, Par can launch its generic buprenorphine/naloxone film product on January 1, 2023or earlier under certain circumstances. Other terms of the settlement agreement are confidential. So far as Indivior is aware, FDA to date has not granted tentative or final approval for Par's generic buprenorphine/naloxone film product.
  • Indivior has filed lawsuits against Alvogen, Dr. Reddy's, and Teva in the District Court of New Jerseyand against Actavis in the District Court of Utahfor infringement of U.S. Patent No. 9,687,454 (the '454 Patent), U.S. Patent No. 9,855,221 (the '221 Patent), and the '305 Patent. The Actavis suit has been transferred to the District Court of Delaware. Motions filed by Alvogen, Dr. Reddy's, and Teva to transfer the lawsuits against them from the District Court of New Jersey to the District Court of Delaware have been denied.

Rhodes Pharmaceuticals

  • On December 23, 2016 Rhodes Pharmaceuticals filed a complaint against Indivior in the District of Delawarealleging that Indivior's sale of SUBOXONE® Film in the U.S. infringes one or more claims of U.S. Patent No. 9,370,512 (the '512 Patent). The asserted patent, which was issued in June 2016claims priority to an application filed in August 2007. Indivior believes this claim is without merit and will continue to vigorously defend this action.
  • On March 16, 2018Indivior filed a petition for inter partes review (IPR) with the United States Patent and Trademark Office (USPTO) asserting that all claims of the '512 Patent are invalid. The USPTO will decide whether to institute Indivior's IPR on or about October 6, 2018.
  • The District Court case against Indivior has been stayed pending the USPTO's decision whether to institute the IPR.

Estate of John Bradley Allen

  • On December 27th, 2016the Estate of John Bradley Allen filed a civil complaint against Indivior, among other parties, in the Northern District of New York seeking relief under Connecticut's products liability and unfair trade practices statutes for damages allegedly caused by SUBOXONE®. Indivior believes this lawsuit is without merit and will continue to vigorously defend this action. A hearing on Indivior's pending motions to dismiss is scheduled for August 8, 2018.

In the event the final settlement amount of the DOJ matter is materially higher than the provision, and the Group is further adversely impacted should revenues decline (including possible declines from one or more of the generic companies successfully launching generic buprenorphine/naloxone sublingual film product or from further uncertainty in the U.S. buprenorphine/naloxone sublingual film market), or new products fail to meet expectations, the Group would not continue in business without taking necessary measures to reduce its cost base and improve its cash flow. In these circumstances the Directors believe they would be able to take the required steps to reduce the cost base, however, this would result in a significant change to the structure of the business.

9. TRADE AND OTHER PAYABLES

June 30

2018

$m

Dec 31

2017

$m

Sales returns and rebates

(427)

(433)

Trade payables

(49)

(40)

Accruals

(156)

(179)

Other tax and social security payables

(12)

(13)

Total

(644)

(665)

Sales return and rebate accruals, primarily in the U.S., are provided in respect of the estimated rebates, discounts or allowances payable to direct and indirect customers. Accruals are made at the time of sale while the actual amounts to be paid are based on claims made some time after the initial recognition of the sale. The estimated amounts may not reflect the final outcome and are subject to change dependent upon, amongst other things, the payor channel (e.g. Medicaid, Medicare, Managed Care, etc.) and product mix. Accrual balances are reviewed and adjusted quarterly in the light of actual experience of rebates, discounts or allowances given and returns made and any changes in arrangements. Future events may cause the assumptions on which the accruals are based to change, which could affect the future results of the Group.

10. SHARE CAPITAL

Equity

Ordinary

Shares

Issue price

Nominal

value

$m

Issued and fully paid

At January 1, 2018

721,462,733

$0.10

72

Allotments

6,641,420

$0.10

1

At June 30, 2018

728,104,153

$0.10

73

Equity

Ordinary

Shares

Issue price

Nominal

value

$m

Issued and fully paid

At January 1, 2017

720,597,566

$0.10

72

Allotments

390,817

$0.10

At June 30, 2017

720,988,383

$0.10

72

Allotment of ordinary shares

During the period, 6,641,420 ordinary shares (201 7: 390,817) were allotted to satisfy vestings/exercises under the Group's Long-Term Incentive Plan and U.S. Employee Stock Purchase Plan.

11. POST BALANCE SHEET EVENTS

On July 13, 2018the U.S. District Court for the District of New Jersey granted a preliminary injunction (PI) against Dr. Reddy's Laboratories (DRL). The restrictions of the previously entered temporary restraining order remain in place, and DRL is unable to sell, offer to sell, or import its generic buprenorphine/naloxone sublingual film product, pending the outcome of recently filed litigation against DRL related to U.S. Patent No. 9,931,305 (the '305 patent), or a decision of the U.S. Court of Appeals for the Federal Circuit dissolving the injunction. DRL has appealed the grant of the preliminary injunction and the bond amount to the CAFC and asked for expedited briefing. DRL has also asked the CAFC to stay the preliminary injunction pending the appeal. On July 24thIndivior filed its opposition to the motions to expedite the PI and stay the PI pending appeal.

The U.S. District Court for the District of New Jersey ordered Indivior to post a $72m bond to provide security to DRL should the court conclude at the end of patent litigation that the '305 patent is invalid and/or not infringed.

DIRECTORS' RESPONSIBILITY STATEMENT

The Directors declare that, to the best of their knowledge:

  • This condensed set of Interim Financial Statements, which have been prepared in accordance with IAS 34 "Interim Financial Reporting" as adopted by the European Union, gives a true and fair view of the assets, liabilities, financial position, and profit or loss of Indivior; and
  • The interim management report gives a fair review of the information required pursuant to regulations 4.2.7 and 4.2.8 of the Disclosure Guidance and Transparency Rules.
    • an indication of important events that have occurred during the first six months and their impact on the condensed set of financial statements, and a description of the principal risks and uncertainties for the remaining six months of the financial year; and
    • material related-party transactions in the first six months and any material changes in the related-party transactions described in the last annual report.

The Directors are responsible for the maintenance and integrity of the Group's website. Legislation in the United Kingdom governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.

Indivior's PLC's Directors are listed in the Annual Report and Accounts for 2017.

Details of all current Directors are available on our website at www.indivior.com.

By order of the Board

      

Shaun Thaxter

Mark Crossley

Chef Executive Officer                          

Chief Financial Officer

July 24, 2018

 

Independent review report to Indivior PLC

Report on the condensed consolidated interim financial statements

__________________________________________________________________

Our conclusion

We have reviewed Indivior PLC's Condensed consolidated interim financial statements (the "Interim Financial Statements") in the H1 2018 Results of Indivior PLC for the three and six month periods ended 30 June 2018. Based on our review, nothing has come to our attention that causes us to believe that the interim financial statements are not prepared, in all material respects, in accordance with International Accounting Standard 34, 'Interim Financial Reporting', as adopted by the European Union and the Disclosure Guidance and Transparency Rules sourcebook of the United Kingdom's Financial Conduct Authority.

__________________________________________________________________

Emphasis of matter – Outcome of litigation

Without modifying our conclusion on the interim financial statements, which is not modified, we draw your attention to Note 8 that describes the uncertain outcome of the ongoing investigations by the Department of Justice and the Federal Trade Commission as well as antitrust litigation. An amount of $438 million has been established as a provision for potential settlement for these matters. The final aggregate settlement amount may be materially higher than this provision.

__________________________________________________________________

Emphasis of matter – Going Concern

In forming our conclusion on the Interim Financial Statements, which is not modified, we have considered the adequacy of the disclosure made in Note 8 that describes the uncertain outcome of the ongoing investigations by the Department of Justice and Federal Trade Commission and antitrust litigation. This could impact the Group's ability to operate, which would be further adversely impacted in the event that:

  • one or more of the generic companies are able to successfully launch generic buprenorphine/naloxone sublingual film;
  • there is further uncertainty in the U.S. buprenorphine/naloxone sublingual film market; and/or
  • the market acceptance of SUBLOCADE™ continues to be slower than expected.

In these circumstances, the Directors believe they would be able to take the required steps to reduce the cost base. However, this would result in a significant change to the structure of the business. As a result of this potential decline and the extent of its potential impact, the Directors are prepared to change the structure of the business and to reduce its cost base, as also described in Note 1 to the Interim Financial Statements. As explained in Note 1 to the Interim Financial Statements, the above factors indicate the existence of a material uncertainty which may cast significant doubt about the Group's ability to continue as a going concern. The Interim Financial Statements do not include the adjustments that would result if the Group were unable to continue as a going concern.

__________________________________________________________________

What we have reviewed

The Interim Financial Statements comprise:

  • the Condensed consolidated interim balance sheet as at 30 June 2018;
  • the Condensed consolidated interim income statement and Condensed consolidated statement of comprehensive income for the periods then ended;
  • the Condensed consolidated interim cash flow statement for the period then ended;
  • the Condensed consolidated interim statement of changes in equity for the periods then ended; and
  • the explanatory notes to the interim financial statements.

The Interim Financial Statements included in the H1 2018 Results have been prepared in accordance with International Accounting Standard 34, 'Interim Financial Reporting', as adopted by the European Union and the Disclosure Guidance and Transparency Rules sourcebook of the United Kingdom's Financial Conduct Authority.

As disclosed in Note 1 to the Interim Financial Statements, the financial reporting framework that has been applied in the preparation of the full annual financial statements of the Group is applicable law and International Financial Reporting Standards (IFRSs) as adopted by the European Union.

__________________________________________________________________

Responsibilities for the Interim Financial Statements and the review

__________________________________________________________________

Our responsibilities and those of the directors

The H1 2018 Results, including the Interim Financial Statements, is the responsibility of, and has been approved by, the Directors. The Directors are responsible for preparing the H1 2018 Results in accordance with the Disclosure Guidance and Transparency Rules sourcebook of the United Kingdom's Financial Conduct Authority.

Our responsibility is to express a conclusion on the interim financial statements in the H1 2018 Results based on our review. This report, including the conclusion, has been prepared for and only for the company for the purpose of complying with the Disclosure Guidance and Transparency Rules sourcebook of the United Kingdom's Financial Conduct Authority and for no other purpose. We do not, in giving this conclusion, accept or assume responsibility for any other purpose or to any other person to whom this report is shown or into whose hands it may come save where expressly agreed by our prior consent in writing.

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What a review of interim financial statements involves

We conducted our review in accordance with International Standard on Review Engagements (UK and Ireland) 2410, 'Review of Interim Financial Information Performed by the Independent Auditor of the Entity' issued by the Auditing Practices Board for use in the United Kingdom. A review of interim financial information consists of making enquiries, primarily of persons responsible for financial and accounting matters, and applying analytical and other review procedures.

A review is substantially less in scope than an audit conducted in accordance with International Standards on Auditing (UK) and, consequently, does not enable us to obtain assurance that we would become aware of all significant matters that might be identified in an audit. Accordingly, we do not express an audit opinion.

We have read the other information contained in the H1 2018 Results and considered whether it contains any apparent misstatements or material inconsistencies with the information in the interim financial statements.

PricewaterhouseCoopers LLP

Chartered Accountants

London

24 July 2018

SOURCE Indivior PLC

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