Actelion provides an update on the award provision in regard to Asahi litigation


June 29, 2011, Actelion (SIX: ATLN) today announced that in the absence of a judgment in regard to Asahi Kasei Pharma Corp. v. Actelion Ltd. et al. (case number CIV 478533, Superior Court of the State of California, County of San Mateo), the company will make a provision for the full award announced on 04 May 2011.


A judgment was not entered by the trial court on 28 June 2011. As a result and unless the company receives additional information prior to reporting the half year results, Actelion will record a provision of USD 577 million (approx CHF 485 million) in the second quarter financial statements. This provision follows the jury verdict in which Asahi was awarded up to USD 577 million in compensatory and punitive damages.

The company and its external advisors believe that the verdict is neither supported by the facts nor is it correct as a matter of law. The company is therefore confident that there are significant grounds for a successful appeal, which will be filed in due course.

The provision reflecting the judgment award as entered will be adjusted in the third quarter financial statements. Should the judgment award remain at USD 577 million - the provision for this amount is very likely to result in the company recording a US GAAP operating loss for 2011.

Charges related to the judgment will not be included in Non-GAAP EBIT, and therefore do not affect our guidance for the year, which is expressed in local currencies. Due to the continued strength of the Swiss Franc, Non-GAAP EBIT, as expressed in our reporting currency - at current exchange rates - is expected to be lower for the full year 2011 as compared to 2010. The company will provide further updates with its Half Year reporting.

Contact
Roland Haefeli Vice President, Head of Investor Relations & Public Affairs Actelion Pharmaceuticals Ltd, Gewerbestrasse 16, CH-4123 Allschwil +41 61 565 62 62 +1 650 624 69 36 www.actelion.com

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Source: Actelion Pharmaceuticals Ltd, Press release