-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OkcJObq/fTYrFhjUh5R3f70UWT/9dkhvgSMJIZmI4ei0aFRnPJU1AjEb4ARcLoL6 DIZmmFLJ4Dq/udUHQL74ag== /in/edgar/work/20000815/0000950123-00-007695/0000950123-00-007695.txt : 20000922 0000950123-00-007695.hdr.sgml : 20000921 ACCESSION NUMBER: 0000950123-00-007695 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20000814 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 20000815 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BARR LABORATORIES INC CENTRAL INDEX KEY: 0000010081 STANDARD INDUSTRIAL CLASSIFICATION: [2834 ] IRS NUMBER: 221927534 STATE OF INCORPORATION: NY FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-09860 FILM NUMBER: 702130 BUSINESS ADDRESS: STREET 1: 2 QUAKER RD BOX 2900 CITY: POMONA STATE: NY ZIP: 10970-0519 BUSINESS PHONE: 9143621100 MAIL ADDRESS: STREET 1: 2 QUAKER RD STREET 2: BOX 2900 CITY: POMONA STATE: NY ZIP: 10970-0519 8-K 1 e8-k.txt BARR LABORATORIES, INC. 1 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report AUGUST 14, 2000 BARR LABORATORIES, INC. (Exact name of registrant as specified in its charter) New York 1-9860 22-1927534 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) Two Quaker Road, P.O. Box 2900, Pomona, New York 10970-0519 (Address of principal executive offices) (Zip code) (914) 362-1100 (Registrant's telephone number, including area code) 1 2 BARR LABORATORIES, INC. CURRENT REPORT DATED AUGUST 14, 2000 Item 5. Other Events See attached Exhibit 99.2, press release announcing that the U.S. Court of Appeals, Federal Circuit in Washington, D.C, ruled in favor of the Company's "double patenting" claim against the patents protecting Eli Lilly's Prozac(R) anti-depressant. The decision strikes down the patent that would have expired in December 2003. Item 7. Financial Statements and Exhibits (c) Exhibit Number Exhibit 99.2 Registrant's August 9, 2000 press release announcing that the U.S. Court of Appeals, Federal Circuit in Washington, D.C, ruled in favor of the Company's "double patenting" claim against the patents protecting Eli Lilly's Prozac(R) anti-depressant. The decision strikes down the patent that would have expired in December 2003. 2 3 BARR LABORATORIES, INC. CURRENT REPORT DATED AUGUST 14, 2000 SIGNATURES Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. BARR LABORATORIES, INC. Date: August 14, 2000 /S/ William T. McKee -------------------- William T. McKee Chief Financial Officer 3 EX-99.2 2 ex99-2.txt PRESS RELEASE 1 Exhibit 99.2 2 Quaker Road, P.O. Box 2900 N E W S R E L E A S E Pomona, NY 10970 914-362-1100 CONTACT: Carol Cox, 914-348-6808 EMAIL: ccox@barrlabs.com PROZAC(R) PATENT RULED INVALID BY U.S. COURT OF APPEALS Ruling A Victory For Consumers; Generic Launch Could Come As Early as February 2001 Pomona, NY, August 9, 2000 -- Barr Laboratories, Inc. (NYSE-BRL) today said the U.S. Court of Appeals, Federal Circuit in Washington, D.C, has ruled in favor of the Company's "double patenting" claim against the patents protecting Eli Lilly's Prozac(R) anti-depressant. The decision strikes down the patent that would have expired in December 2003. The Company said this decision should clear the way for generic competition as early as February 2001. The Court of Appeals, however, affirmed the decision of the lower court, which rejected Barr's "best mode" arguments with respect to the patent expiring in February 2001. "We are pleased that after a thorough review the Court recognizes the importance of restricting add-on patents solely designed to extend the patent life of blockbuster drugs at the expense of consumers," said Bruce L. Downey, Barr's Chairman and CEO. Barr's argument before the Appeals court involved the claims of "double patenting" and "best mode". Barr filed an Abbreviated New Drug Application (ANDA) for a generic version of Prozac and charged that two patents protecting Prozac from competition are invalid. In a pre-trial hearing in January 1999, District Court Judge Sarah Barker, U.S. District Court, Southern District of Indiana had dismissed these two claims. Prior to the start of the district trial, both parties agreed to take the case directly to the Appeals Court. Barr's challenge of the Prozac patents was initiated in April 1996. Barr Laboratories, Inc. is engaged in the development, manufacture and marketing of generic and proprietary pharmaceuticals. [EDITOR'S ADVISORY: Barr Laboratories, Inc. news releases are available free of charge through PR Newswire's News On-Call fax service. For a menu of Barr's previous releases, or to receive a specific release via fax call : 800-758-5804 - -- ext. 089750. For complete indications, warnings and contraindications, contact Barr Laboratories' Professional Services Department at 1-800-Barr Lab.] Safe Harbor Statement: To the extent that any statements made in this release contain information that is not historical, these statements are essentially forward looking and are subject to risks and uncertainties, including the extent and outcome of litigation, the difficulty of predicting FDA approvals, acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, availability of raw materials, the regulatory environment and other risks detailed from time-to-time in the Company's filings with the Securities and Exchange Commission. # # # 4 -----END PRIVACY-ENHANCED MESSAGE-----