-----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, MAvl2yYgHNML3dJidF3aMlYM9GazIZrK+oIujrQROmXqhDQE7Nlu0vj3rJsXTrEQ qJNr7J7w0/JNthXkKe9Ldg== 0001299933-07-003599.txt : 20070612 0001299933-07-003599.hdr.sgml : 20070612 20070612145920 ACCESSION NUMBER: 0001299933-07-003599 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070612 ITEM INFORMATION: Other Events FILED AS OF DATE: 20070612 DATE AS OF CHANGE: 20070612 FILER: COMPANY DATA: COMPANY CONFORMED NAME: IMPAX LABORATORIES INC CENTRAL INDEX KEY: 0001003642 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 650403311 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27354 FILM NUMBER: 07914769 BUSINESS ADDRESS: STREET 1: 30831 HAYWARD AVE CITY: HAYWARD STATE: CA ZIP: 94544 BUSINESS PHONE: 2152892220 MAIL ADDRESS: STREET 1: CASTOR & KENSINGTON AVENUES CITY: PHILADELPHIA STATE: PA ZIP: 19124-5694 FORMER COMPANY: FORMER CONFORMED NAME: GLOBAL PHARMACEUTICAL CORP \DE\ DATE OF NAME CHANGE: 19951117 8-K 1 htm_20876.htm LIVE FILING Impax Laboratories, Inc. (Form: 8-K)  

 

UNITED STATES
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 (Date of Earliest Event Reported):   June 12, 2007

Impax Laboratories, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 000-27354 65-0403311
_____________________
(State or other jurisdiction 		_____________
(Commission 		______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
30831 Huntwood Avenue, Hayward, California   94544
_________________________________
(Address of principal executive offices) 		  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   510-476-2000

Not Applicable
______________________________________________
Former name or former address, if changed since last report

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01 Other Events.

The Company has received a copy of a complaint filed against it in the U.S. District Court for the District of Minnesota by Axcan Scandipharm Inc., marketer of the Ultrase® line of pancreatic enzyme products, alleging that Impax has engaged in false advertising and unfair competition and trade practices in violation of federal and Minnesota law in connection with the Company’s now-discontinued Lipram-UL line of products. The complaint seeks injunctive relief and unspecified amounts of actual and consequential damages, including treble damages. The allegations are similar to those in an action brought against Impax in 2003 by Solvay Pharmaceuticals, Inc., involving Impax’s Lipram-CR products, that Impax settled in 2006 by agreeing to pay Solvay $23 million. The Company is in the process of analyzing the operative facts and evaluating its defenses, including defenses not available in the Solvay action. The Company has also determined that the volume of Lipram-UL products sold by Impax, upon which any calculation of damages would necessarily depend, was significantly lower than the volume of the Lipram-CR products involved in the Solvay action.





SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
    Impax Laboratories, Inc.
          
June 12, 2007   By:   /s/ Arthur A. Koch, Jr.
       
        Name: Arthur A. Koch, Jr.
        Title: Chief Financial Officer
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