UCB SA - BNP Paribas Fortis

(g) Distilbène Litigation
As of the date hereof, entities of the UCB Group have been named as defendants in more than one
hundred actions, the majority of which have been filed in France. Approximately 70 of these actions are
active. The claimants to these actions claim that their mothers took Distilbène, a former product of the
UCB Group, during their pregnancy, and that the claimants suffered either clear cell adenocarcinoma of
the cervix, malformations of the genital track or dysplasia/squamous cells cancer as a consequence of
this exposure. These actions include six claims of premature births due to genital track anomalies.
UCB is unable to estimate the total number or types of Distilbène related cases that may be filed in the
future, nor is UCB able to estimate the total liability nor whether such liability will be fully insured as a
result of these cases.
(h) MetadateCD Litigation
A suit is pending in the District Court of Delaware in the U.S. against KV Pharmaceutical Company,
which has filed an ANDA application with Paragraph IV certification for the 40, 50 and 60 mg strengths
of MetadateCD. Discovery is ongoing with a trial expected during the second quarter of 2010 and
the applicable 30 month stay expiring in September 2010. Depending on the outcome of this litigation,
generic versions of one or more of these strengths of MetadateCD could possibly enter the market in
the third quarter of 2010.
(i) Xyzal® Litigation
In major European countries, UCB holds an exclusive licence under a patent owned by Sepracor Inc.
which covers the main antihistamine indications of Xyzal®. These patents have been challenged by
generic companies in certain European countries and the United States.
Depending on the outcome of these litigations and certain regulatory challenges in European countries,
it is possible that generic versions of Xyzal® may enter the market in key European countries later in
2009, and in the U.S. in 2010.
(j) Apotex Inc.
Apotex Inc., a generic company based in Canada, has commenced a claim against UCB (as the former
owner of the UCB bioproducts business sold to Lonza in 2006) and Lonza Braine SA (a subsidiary of
Lonza) claiming for damages for failure to deliver desmopressin on time, in quantity and within
specifications, which Apotex Inc. alleges made it impossible to launch the product in Canada and the
U.S. in it’s anticipated timeframe. Apotex Inc. has accused UCB and Lonza Braine SA of committing
to provide certain volumes of desmopressin which were not delivered.
In addition to this claim by Apotex Inc., UCB’s former agent S&D Chemicals (Canada) Limited has
introduced a parallel claim against UCB and Lonza Braine SA for lost commission due to failed orders
for desmopressin.
Proceedings have commenced in the Ontario courts, and UCB is currently working with Canadian
counsel to prepare a full defence to this claim. It is not possible to assess the likelihood or the amount,
if any, of financial exposure to the UCB Group.
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