Summary of Significant Accounting Policies | 2. Summary of Significant Accounting Policies Use of Estimates— Accrued expenses, including contracted costs— The Company believes that its current assumptions and other considerations used to estimate accrued expenses for the period are appropriate. However, determining the date on which certain contract services commence, the extent of services performed on or before a given date and the cost of such, paid and unpaid, involves subjective judgments and estimates and often must be based upon information provided by third parties. In the event that management does not identify certain contract costs which have begun to be incurred or under- or over-estimates the extent of services performed or the costs of such services, management adjusts costs during the period in which the information becomes available. Accrued costs related to product development and operating activities, based upon the progress of these activities covered by the related contracts, invoices received and estimated costs totaled $4.4 million at June 30, 2015 and $0.3 million at December 31, 2014. The variance, at each of these ending periods, between the actual expenses incurred and the estimated expenses accrued was not material or significant. Accrued Employee Compensation— In May 2015, we entered into a separation agreement with the Company’s former President and Chief Executive Officer. Under the agreement he will be paid specific one-time payments totaling $2.0 million, which includes special and performance bonuses, and on-going payments totaling $3.1 million, including salary continuation. The first payment will be made in August 2015 and payments will continue through September 2017. While the full amount of these payments were accrued and recorded as selling, general and administrative expense during the quarter ended June 30, 2015, no cash payment were incurred during the quarter. In June 2015, we announced the adoption of an employee severance plan to provide severance benefits to eligible employees terminated involuntarily under certain circumstances. Under the plan these employees will be paid on-going payments of approximately $4.8 million. Employees are required to render service beyond a minimum period; therefore, such benefits are being accrued over the respective service period. The first payment will be made in October 2015 and payments will continue through September 2017. During the quarter ended June 30, 2015, $65,000 was recorded as R&D expense and $161,000 was recorded as selling, general and administrative expense. Since no cash payment were incurred during the quarter, the second quarter 2015 expense was recorded as accrued compensation. Revenue Recognition— With regard to royalty revenues, the Company’s licensing agreements have terms that include royalty payments based on the manufacture, sale or use of the Company’s products or technology. VIMOVO ® Also, with regard to the licensing revenues, the Company’s licensing agreements have had terms that include upfront payments upon contract signing and additional payments if and when certain milestones in the product’s development or commercialization are reached. Historically, the non-refundable portion of upfront payments received under the Company’s existing agreements is deferred by the Company upon receipt and recognized on a straight-line basis over periods ending on the anticipated date of regulatory approvals, as specified in the agreements relating to the product candidates, or the conclusion of any obligation on the part of the Company. If regulatory approvals or other events relating to our product candidates are accelerated, delayed or not ultimately obtained, then the amortization of revenues for these products is prospectively accelerated or reduced accordingly. Milestone payments along with the refundable portions of up-front payments are recognized as licensing revenue upon the achievement of specified milestones if (i) the milestone is substantive in nature and the achievement of the milestone was not reasonably assured at the inception of the agreement; and (ii) the fees are non-refundable. Any milestone payments received prior to satisfying these revenue recognition criteria are recorded as deferred revenue. In September 2013, the Company announced the signing of an exclusive license agreement its PA products with Sanofi U.S., including, PA8140 and PA32540, in the United States to commercialize all PA combinations that contain 325 mg or less of enteric-coated aspirin in the United States. On November 29, 2014, we executed a termination agreement with Sanofi U.S. terminating the license. As of the termination date, all licenses granted to Sanofi U.S. were terminated and all rights to the products licensed to Sanofi U.S. under the agreement reverted to us. The Company received an upfront payment of $15.0 million which was included within the license revenue and was completely amortized by the end of the 2014 fiscal year. The licensing revenue for the three and six months ended June 30, 2014 was $2.0 million and $5.0 million, respectively. On March 21, 2011, the Company entered into a license agreement with Cilag GmbH International (“Cilag”) a division of Johnson & Johnson, for the exclusive development and commercialization of MT 400 in Brazil, Colombia, Ecuador and Peru. Cilag’s upfront payment of $257,300 was deferred until the licensing agreement’s termination on December 22, 2014 and was included in other licensing revenue for the fiscal year ended December 31, 2014. Income Taxes— On May 21, 2015, the Company formed POZEN Limited, which was organized under the laws of Ireland, and on May 27, 2015, the Company and POZEN Limited entered into an intercompany license agreement. This agreement is expected to result in a taxable loss in POZEN Limited in 2015. The Company does not currently anticipate being able to utilize these losses and accordingly the Company has established a valuation allowance related to the estimated Ireland losses. As of June 30, 2015, no cash payment has been made relative to the intercompany license agreement. At the time cash payment is made, the Company may be subject to withholding taxes. No provision has been made for these future potential withholding tax obligations. As of June 30, 2015, we had no unrecognized tax benefits that would reduce the Company’s effective tax rate if recognized. The Company currently anticipates being able to utilize existing US tax attributes to offset expected US taxable income in 2015, including US taxable income resulting from the intercompany license agreement with POZEN Limited. The Company believes that should the proposed business combination with Tribute Pharmaceuticals Canada Inc. be completed as anticipated within the next twelve months, it is reasonably possible that an unrecognized tax benefit of $11M to $13M related to utilization of these US tax attributes may be established. Additionally, the Company may determine it necessary to make future cash payments of these amounts. The establishment of this unrecognized tax position would impact our effective tax rate. Cash, Cash Equivalents, Investments and Concentration of Credit Risk — The Company invests in high-credit quality investments in accordance with its investment policy, which attempts to minimize the possibility of loss. However, cash and cash equivalents include financial instruments that potentially subject the Company to a concentration of credit risk. Cash and cash equivalents are of a highly liquid nature and are held with high credit quality financial institutions and money market mutual fund managers. Cash held directly with financial institutions is insured up to $250,000 per account and any excess amounts are uninsured. Cash is also held in insured bank deposits through a cash management program that offers a bank network ensuring full FDIC insurance on all deposits. Approximately 87% of the Company’s cash and cash equivalents are held in fully insured bank deposits and approximately 13% by money market mutual fund managers. In connection with its acquisition of all rights, title and interest to develop, commercialize and sell Treximet ® The following table sets forth our financial instruments carried at fair value as of June 30, 2015 and December 31, 2014: Financial Instruments Carried at Fair Value June 30, 2015 December 31, 2014 Assets: Cash and cash equivalents $ 41,649,875 $ 40,582,415 Investments in Pernix warrants ― 2,678,773 Total cash and investments $ 41,649,875 $ 43,261,188 Fair Value of Financial Instruments Financial instruments consist of cash and cash equivalents, short-term investments, accounts receivable and accounts payable. The carrying values of these amounts approximate the fair value due to their short-term nature. Fair Value Measurement The Company defines fair value (“FV”) as the price that would be received to sell an asset or paid to transfer a liability ("the exit price") in an orderly transaction between market participants at the measurement date. The FV hierarchy for inputs maximizes the use of observable inputs and minimizes the use of unobservable inputs by requiring that the most observable inputs be used when available. The Company uses the following hierarchy of inputs to measure FV: ☐ Level 1 - quoted prices in active markets for identical assets and liabilities. ☐ Level 2 - observable inputs other than quoted prices in active markets for identical assets and liabilities, including quoted prices in active markets for instruments that are similar or quoted prices in markets that are not active for identical or similar instruments and model-derived valuations in which all significant inputs and value drivers are observable in active markets. ☐ Level 3 - unobservable inputs that are significant to the overall valuation, for which there is little or no market data available and which require the Company to develop its own assumptions. The Company values investments using the most observable inputs available that are current as of the measurement date and classifies them according to the lowest level of inputs used. Observable inputs are inputs that market participants would use in pricing the asset or liability developed from market data obtained from independent sources. Unobservable inputs are inputs that reflect the Company’s judgment concerning the assumptions that market participants would use in pricing the asset or liability developed from the best information available under the circumstances. The financial assets for which we perform recurring measurements are cash equivalents and investments in warrants. As of June 30, 2015, financial assets utilizing Level 1 inputs included cash equivalents. Financial assets utilizing Level 2 inputs included investments in warrants. Fair value is a market-based measure considered from the perspective of a market participant who holds the asset or owes the liability rather than an entity-specific measure. Therefore, even when market assumptions are not readily available, our own assumptions are set to reflect those that market participants would use in pricing the asset or liability at the measurement date. Our Level 1 valuations are based on the market approach and consist primarily of quoted prices for identical items on active securities exchanges. Our Level 2 valuations may also use the market approach and are based on significant other observable inputs such as quoted prices for financial instruments not traded on a daily basis. We did not rely on Level 3 input for valuation of our securities at June 30, 2015. Stock-based Compensation Our Consolidated Statements of Comprehensive (Loss) Income for the three and six months ended June 30, 2015 and 2014 include the following stock-based compensation expense: Three months ended June 30, Six months ended June 30, 2015 2014 2015 2014 Research and development $ 45,768 $ 144,229 $ 100,872 $ 289,602 General and administrative 3,183,228 413,537 3,604,641 1,024,199 Total expense $ 3,228,996 $ 557,766 $ 3,705,513 $ 1,313,801 Unrecognized stock-based compensation expense, including time-based options, performance-based options and restricted stock awards, expected to be recognized over an estimated weighted-average amortization period of 3.8 years, was $28.7 million at June 30, 2015. Stock Plans In 1996, the Company established a Stock Option Plan (the “Option Plan”) and authorized the issuance of options to attract and retain quality employees and to allow such employees to participate in the growth of the Company. In June 2000, the stockholders approved the POZEN Inc. 2000 Equity Compensation Plan (the “2000 Plan”) and the 2000 Plan became effective upon the completion of the Company’s initial public offering in October 2000, after which time no further grants were made under the Option Plan. In May 2004, the stockholders approved an amendment to and restatement of the 2000 Plan. The amendment to the 2000 Plan provided for an increase in the number of shares of common stock authorized for issuance under the 2000 Plan from 3,000,000 to 5,500,000 shares. In June 2007, the stockholders approved the amendment and restatement of the 2000 Plan to, among other things, increase the number of shares authorized for issuance under the 2000 Plan to 6,500,000 shares and continue the various performance criteria for use in establishing specific vesting targets for certain awards. In June 2010, stockholders approved the POZEN Inc. 2010 Equity Compensation Plan, (“the 2010 Plan”), a successor incentive compensation plan to the 2000 Plan which was merged with and into the 2010 Plan and all grants outstanding under the 2000 Plan were issued or transferred under the 2010 Plan. The 2010 Plan provides for grants of incentive stock options, nonqualified stock options, stock awards, and other stock-based awards, such as restricted stock units and stock appreciation rights (“SARs”), to employees, non-employee directors, and consultants and advisors who perform services for us and our subsidiaries. The 2010 Plan authorizes up to 7,452,327 shares of common stock for issuance, which includes 2,000,000 shares of our common stock which were in excess of the number of shares previously reserved under the 2000 Plan. The maximum number of shares for which any individual may receive grants in any calendar year is 1,000,000 shares. The Compensation Committee of the Board of Directors, which administers the 2010 Plan, will determine the terms and conditions of options, including when they become exercisable. Neither our Board nor the Committee can amend the 2010 Plan or options previously granted under the Plan to permit a repricing of options or SARs, without prior stockholder approval. If options granted under the 2010 Plan expire or are terminated for any reason without being exercised, or if stock awards, performance units, or other stock-based awards are forfeited or otherwise terminate, the shares of common stock underlying the grants will again be available for awards granted under the 2010 Plan. As a result of a December 31, 2013 cash dividend distribution, a dividend equivalent totaling 987,000 shares was provided to all outstanding grants. The adjustments were in the form of additional RSUs to RSU holders or an adjustment to both the outstanding number of options and their strike price, in compliance with Sections 409A and 424 of the Internal Revenue Code. If the Merger becomes effective, we intend to terminate the 2010 Omnibus Equity Incentive Plan and no further grants will be made thereunder, and shares with respect to all grants outstanding under the 2010 Plan will be issued under or transferred to the Aralez Pharmaceuticals plc 2015 Long-Term Incentive Plan. Time-Based Stock Awards For the six months ended June 30, 2015 and 2014, the Company recognized $533,000 and $504,000, respectively, in compensation expense related to time-base stock awards. During the three months ended June 30, 2015, an expense of $412,000 was recognized related to time-based award vesting acceleration, as defined under the separation agreement with the Company’s former President and Chief Executive Officer. No new time-based awards were granted during the six months ended June 30, 2015 and June 30, 2014. Previously, the fair value of each time-based award was estimated on the date of grant using the Black-Scholes option valuation model. Historically, the expected volatility rate was estimated based on an equal weighting of the historical volatility of POZEN common stock over approximately a six-year period, the expected term was based upon average historical terms to exercise and the risk-free interest rate was based on six-year U.S. Treasury securities. The pre-vesting forfeiture rates used were also based on historical rates. We adjust the estimated forfeiture rate based upon actual experience. A summary of the time-based stock awards as of June 30, 2015, and changes during the six months ended June 30, 2015, are as follows: Time-Based Stock Awards Underlying Shares (000s) Weighted- Average Exercise Price Average Remaining Contractual Term (years) Aggregate Intrinsic Value (000s) Outstanding at December 31, 2014 2,341 $ 7.39 4.1 $ 4,382 Granted ― ― Exercised (65 ) 4.09 Forfeited or expired ― ― Outstanding at March 31, 2015 2,277 7.48 3.8 $ 3,796 Exercisable at March 31, 2015 2,095 $ 7.79 3.5 $ 3,098 Vested or expected to vest at March 31, 2015 2,249 $ 7.48 3.8 $ 3,751 Granted ― ― Exercised (582 ) 5.84 Forfeited or expired (33 ) 13.77 Outstanding at June 30, 2015 1,662 7.90 3.5 $ 5,467 Exercisable at June 30, 2015 1,480 $ 8.39 3.1 $ 4,300 Vested or expected to vest at June 30, 2015 1,634 $ 7.90 3.5 $ 5,377 The aggregate intrinsic value of options outstanding represents the pretax value (the period’s closing market price, less the exercise price, times the number of in-the-money options) that would have been received by all option holders had they exercised their options at the end of the period. A total of 647,000 stock options were exercised during the six months ended June 30, 2015 with an intrinsic value of $1.7 million, and a total of 649,000 stock options were exercised during the six months ended June 30, 2014 with an intrinsic value of $3.6 million. A summary of the time-based nonvested awards as of June 30, 2015, and changes during the six months ended June 30, 2015, are as follows: Underlying Shares (000s) Weighted-Average Exercise Price Nonvested outstanding at December 31, 2014 477 $ 3.85 Granted ― ― Forfeited or expired ― ― Vested (296 ) 4.47 Nonvested outstanding at March 31, 2015 181 $ 3.87 Granted ― ― Forfeited or expired ― ― Vested ― ― Nonvested outstanding at June 30, 2015 181 $ 3.87 Restricted Stock and Restricted Stock Units For the six months ended June 30, 2015 and 2014, the Company recognized $2.4 million and $0.5 million, respectively, in compensation expense related to restricted stock units. During the three months ended June 30, 2015, an expense of $1.3 million was recognized related to the restricted stock unit awards vesting acceleration, as defined under the separation agreement with the Company’s former President and Chief Executive Officer. A summary of the restricted stock unit awards as of June 30, 2015, and changes during the six months ended June 30, 2015, are as follows: Underlying Shares (000s) Weighted-Average Exercise Price Restricted stock outstanding at December 31, 2014 1,109 $ 7.14 Granted ― ― Vested and released (49 ) 7.17 Forfeited or expired ― ― Restricted stock outstanding at March 31, 2015 1,060 $ 7.14 Granted 3,543 7.76 Vested and released (37 ) 7.35 Forfeited or expired ― ― Restricted stock outstanding at June 30, 2015 4,566 $ 7.62 As of June 30, 2015 there was an aggregate $28.6 million of unrecognized compensation expense related to unvested restricted stock units. Of the aggregate amount, $25.7 million unrecognized compensation expense related to unvested restricted stock units under the June 2015 award of 3,421,562 restricted stock units with a grant-date per-share fair value of $7.64. There were 4,027,000 unvested restricted stock units outstanding at June 30, 2015 and 368,000 unvested restricted stock units outstanding at June 30, 2014. The total fair value of restricted stock that vested during the quarters ended June 30, 2015 and 2014 was $273,000 and $706,000, respectively. Performance-Based Awards In May 2008, pursuant to an incentive program (the “PN incentive program”) approved by the Compensation Committee of the Board of Directors of the Company, stock options were granted to all of the Company’s employees, including its executive officers, to purchase an aggregate of 281,433 shares of common stock with an exercise price of $14.45 per share. In September 2008, additional stock options were granted under the PN incentive program, to purchase 11,700 shares of common stock at an exercise price of $10.82 per share. The stock options have a ten-year term and have an exercise price equal to the closing sale price of the Company’s common stock, as reported on the NASDAQ Global Market, on the date of grant. Twenty-five percent (25%) of the PN incentive program options granted vested in 2009, upon completion of the performance goal and the remaining seventy-five percent (75%) of the options granted vested in 2010 upon the completion of the remaining performance goals. The fair value of the performance-based options granted under the PN incentive program was estimated as of the grant date using the Black-Scholes option valuation model without consideration of the performance measures. The options also include provisions that require satisfactory employee performance prior to vesting. Additionally, 20,000 options were granted to an executive officer in May 2008 under the PN incentive plan, with similar grant and exercise terms. The Company recognized compensation costs for these awards over the expected service period. In October 2011, pursuant to an incentive program (the “PA32540 incentive program”) approved by the Compensation Committee of the Board of Directors of the Company, stock options and RSUs were granted to all of the Company’s employees, including its executive officers, to purchase an aggregate of 453,960 shares of common stock. The underlying stock options and RSUs were performance-based and focus on the successful completion of certain value-enhancing events for the Company’s YOSPRALA product candidate. The stock options have a ten-year term and have an exercise price equal to the closing sale price of the Company’s common stock, as reported on the NASDAQ Global Market, on the date of grant. The underlying stock options and RSUs vested or will vest in accordance with the following schedule: (a) one-third (1/3) upon the acceptance of the filing of a new drug application (the “NDA”) for YOSPRALA, assuming the NDA filing is made prior to December 31, 2012, (b) one-third (1/3) upon first cycle NDA approval of YOSPRALA (otherwise 16.5% upon NDA approval after first cycle), and (c) one-third (1/3) upon execution of a significant partnering transaction for YOSPRALA in a major territory as determined by the Compensation Committee of the Company, in its sole discretion, at the time of such transaction, subject in each case to continued employment or service to the Company. During a pre-submission meeting with respect to its NDA for YOSPRALA in April 2012, the FDA suggested that the Company also seek approval for a lower dose formulation of the product containing 81 mg of enteric coated aspirin as part of its NDA for YOSPRALA. The Company decided to include data and information relating to a lower dose formulation in its NDA. Generation of additional data with respect to lower dose formulation of YOSPRALA and incorporation of data into the NDA for YOSPRALA would delay submission of the NDA from the original planned submission date. Therefore, in October 2012, the Compensation Committee granted performance-based incentive awards (the “PA8140 incentive program”) both to compensate the employees for the expected loss of value under the PA32540 Incentive Program, as well as to provide additional incentive to employees to complete the value-added activities required for submission and approval of the lower dose product. The Compensation Committee granted an aggregate of 208,740 restricted stock units to various employees of the Company, including 105,000 restricted stock units granted to the Company’s named executive officers. The restricted stock units were performance-based and vested in accordance with the following schedule: (a) one-half (1/2) upon the acceptance by the FDA of the filing of an NDA for a lower dose YOSPRALA product candidate, and (b) one-half (1/2) upon approval by the FDA of an NDA for a lower dose YOSPRALA product candidate. In 2012, 132,883 options were forfeited in acknowledgement that certain performance goals would not be met under the PA32540 incentive program. In April 2014, the Compensation Committee granted an aggregate of 73,000 restricted stock units to various employees of the Company, including 65,000 restricted stock units granted to the Company’s named executive officers. The restricted stock units were performance-based and vested in accordance with the following schedule: (i) 50% upon receipt of the milestone payment by Sanofi U.S. under the License and Collaboration Agreement, dated as of September 3, 2013 (the "Agreement") to be received upon approval by the U.S. Food and Drug Administration of the PA product candidates; and (ii) 50% upon receipt of the milestone payment by Sanofi U.S. upon achievement of commercial readiness (as defined in the Agreement). The entire award was forfeited in 2014 upon the termination of the Sanofi U.S. agreement. In 2014, a total of 177,818 options were forfeited in acknowledgement that certain performance goals would not be met under the PA32540 and PA8140 incentive programs. As of June 30, 2015, there was $4,000 in unrecognized compensation expense related to performance-based awards granted under the PA32540 and PA8140 incentive programs. During the six months ended June 30, 2015, the Company recognized $782,000 in compensation expense related to performance-based awards, of which $779,000 was recognized related to the performance-based stock awards vesting acceleration, as defined under the separation agreement with the Company’s former President and Chief Executive Officer. During the six months ended June 30, 2014, there was expense of $268,000 recorded for performance-based awards. A summary of the performance-based stock awards as of June 30, 2015, and changes during the six months ended June 30, 2015, are as follows: Underlying Shares (000s) Weighted-Average Exercise Price Performance-based outstanding at December 31, 2014 368 $ 8.12 Granted ― ― Exercised (10 ) 1.98 Forfeited or expired ― ― Performance-based outstanding at March 31, 2015 358 $ 8.29 Granted ― ― Exercised (15 ) 5.17 Forfeited or expired (30 ) 9.15 Performance-based outstanding at June 30, 2015 313 $ 8.36 The June 30, 2015 amount is expected to be recognized, at the time of the grant vesting, over the period ending in first quarter 2016. Under the PA32540 and PA8140 incentive programs, there were 128,000 unvested performance-based options outstanding at June 30, 2015. No performance-based awards vested during the six months ended June 30, 2015 and June 30, 2014. There were 185,000 and 257,000 vested performance-based options outstanding at June 30, 2015 and June 30, 2014, respectively. There were 30,000 awards forfeited during the six months ended June 30, 2015 and 78,000 awards forfeited during the six months ended June 30, 2014. A total of 25,000 performance-based awards were exercised during the six months ended June 30, 2015 and 28,000 performance-based awards were exercised during the six months ended June 30, 2014. At June 30, 2015, the performance-based options had an intrinsic value of $1.4 million and a remaining weighted contractual life of 4.7 years. Net Income (Loss) Per Share Reconciliation of denominators for basic and diluted earnings per share computations: Three months ended June 30, Six months ended June 30, 2015 2014 2015 2014 Basic weighted average shares outstanding 32,436,818 31,022,557 32,348,194 30,883,261 Effect of dilutive employee and director awards ― 1,581,566 ― 1,575,457 Diluted weighted-average shares outstanding and assumed conversions 32,436,818 32,604,123 32,348,194 32,458,718 If there is any change in the number or kind of shares of company stock outstanding or if the value of outstanding shares of company stock is substantially reduced as a result of an extraordinary dividend or distribution, the Company’s 2010 Stock Option Plan requires that an equitable adjustment be made to all outstanding grants to preclude dilution of rights and benefits under the plan. Therefore, as a result of the December 31, 2013 cash dividend distribution, a dividend equivalent was provided to all outstanding grants. The adjustments were in the form of additional RSUs to RSU holders or an adjustment to both the outstanding number of options and their strike price; all adjustments were made in compliance with Sections 409A and 424 of the Internal Revenue Code. In addition, the 2010 Stock Option Plan provides for an adjustment to the number of common shares available for grant under the stock option plan. Therefore, as a result of the December 31, 2013 cash dividend distribution, the number of common shares available for grant was adjusted by 416,971 shares and that increase is reflected in the table below. At June 30, 2015, shares of our common stock reserved for future issuance are as follows: Common shares available for grant under stock option plans 2,415,206 Common shares issuable pursuant to options and restricted stock units granted under equity compensations plans 6,540,483 Rights Plan shares issuable as Series A Junior Participating Preferred Stock 90,000 Total Reserved 9,045,689 Leases— New Accounting Pronouncements — Revenue from Contracts with Customers: Contingencies , asserting only the ‘907 patent against Dr. Reddy’s. An amended complaint was filed on October 28, 2011 On December 19, 2012, the District Court conducted a pre-trial “Markman” hearing to determine claim construction. On May 1, 2012, the Court issued a Markman Order construing the claim terms disputed by the parties. On April 15, 2013 a Stipulation of Partial Dismissal was filed which sought dismissal of all infringement claims relating to the '504 patent, the '085 patent, the '872 patent, the '070 patent, and the '466 patent (which are each assigned to AstraZeneca), as well as Dr. Reddy’s defenses and counterclaims relating to those patents. On April 18, 2013, the District Court issued a Stipulation and Order dismissing with prejudice those claims and defenses. The first Dr. Reddy’s case is considered the lead case and has been consolidated with the actions described below for the purpose of pre-trial and discovery. A scheduling order for this case, and all of the consolidated cases, was issued by the Court on June 27, 2014. Fact discovery closed in the consolidated case on November 20, 2014 and expert discovery closed on June 25, 2015. In view of the retirement of presiding Judge Pisano, on February 9, 2015, the consolidated cases were reassigned to Judge Mary L. Cooper. On June 13, 2011, we and AstraZeneca received a Paragraph IV Notice Letter from Lupin Ltd., or Lupin, informing us that Lupin had filed an ANDA with the FDA seeking regulatory approval to market a generic version of VIMOVO before the expiration of the ‘907 patent, which is assigned to POZEN and the ‘504 patent, the '085 patent, the '872 patent, the '070 patent, and the '466 patent each of which are assigned to AstraZeneca or its affiliates. The patents are listed with respect to VIMOVO in the Orange Book and expire at various times between 2014 and 2023. Lupin’s Paragraph IV Notice Letter asserts that its generic product will not infringe the listed patents or that the listed patents are invalid or unenforceable. AstraZeneca has advised us that it has elected to exercise its first right to prosecute the infringement suit against Lupin and, accordingly, we and AstraZeneca filed suit against Lupin on July 25, 2011 in the United States District Court for the District of New Jersey. On November 19, 2014, an amended complaint was filed in which the '504 patent, the '085 patent, the '872 patent, the '070 patent, and the '466 patent, all assigned to AstraZeneca or its affiliates, were not asserted against Lupin. The case is currently consolidated for discovery and pretrial purposes with the first filed Dr. Reddy’s case |