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): April 16, 2015
ANTARES PHARMA, INC.
(Exact name of registrant specified in its charter)
Delaware | 1-32302 | 41-1350192 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
100 Princeton South, Suite 300, Ewing, NJ | 08628 | |
(Address of principal executive offices) | (Zip Code) |
Registrants telephone, including area code: (609) 359-3020
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 (see General Instruction A.2. below):
¨ | 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. |
On April 16, 2015, Antares Pharma, Inc. (Antares) issued a press release announcing that it has settled all litigation between Antares and Medac Pharma, Inc. and its parent, medac GmbH (Medac Pharma, Inc. and medac GmbH together referred to as Medac).
Antares and Medac have entered into a settlement agreement pursuant to which all proceedings related to Antares and Medacs respective patents pending before the United States District Court for the District of Delaware, the United States District Court for the District of New Jersey, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office and the Technical Board of Appeal of the European Patent Office will be dismissed. The settlement agreement also provides for a royalty-free cross-license under the patents-named in-the proceedings and their families allowing the manufacture and sale of OTREXUP (methotrexate) injection and RASUVO in and for the U.S.
The full text of such press release is included as Exhibit 99.1 to this Current Report on Form 8-K.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit |
Description | |
99.1 | Press Release, dated April 16, 2015, issued by Antares Pharma, Inc. |
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.
ANTARES PHARMA, INC. | ||||||||
Date: | April 16, 2015 |
By: | /s/ James E. Fickenscher | |||||
Name: Title: |
James E. Fickenscher Senior Vice President, Chief Financial Officer |
Exhibit 99.1
ANTARES PHARMA ANNOUNCES SETTLEMENT OF
PATENT INFRINGEMENT LAWSUITS
EWING, NJ, April 16, 2015 Antares Pharma, Inc. (NASDAQ: ATRS) today announced that it has settled all litigation between Antares and Medac Pharma, Inc. and its parent, medac GmbH. Pursuant to the settlement agreement, the parties will dismiss proceedings related to their respective patents pending before the United States District Court for the District of Delaware, the United States District Court for the District of New Jersey, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, and the Technical Board of Appeal of the European Patent Office. The settlement agreement also provides for a royalty-free cross-license under the patents-in-suit and their families allowing the manufacture and sale of OTREXUP and RASUVO in and for the U.S.
About Antares Pharma
Antares Pharma focuses on self-administered parenteral pharmaceutical products. The Company markets OTREXUP (methotrexate) injection for subcutaneous use in the treatment of adults with severe active rheumatoid arthritis and children with active polyarticular juvenile idiopathic arthritis. LEO Pharma markets OTREXUP to dermatologists for adults with severe recalcitrant psoriasis. Antares Pharma is also developing QuickShot® Testosterone for testosterone replacement therapy, and VIBEX® Sumatriptan for the acute treatment of migraines. The Companys technology platforms include VIBEX® disposable auto injectors, disposable multi-use pen injectors and reusable needle-free injectors. Antares Pharma has a multi-product deal with Teva Pharmaceutical Industries, Ltd. that includes VIBEX® epinephrine, exenatide multi-dose pen, and another undisclosed multi-dose pen. Our reusable needle-free injector for use with human growth hormone (hGH) is sold worldwide by Ferring B.V.
SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
This press release contains forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, including statements regarding the settlement agreement and other statements regarding matters that are not historical facts, and involve predictions. These statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance, achievements or prospects to be materially different from any future results, performance, achievements or prospects expressed in or implied by such forward-looking statements. In some cases you can identify forward-looking statements by terminology such as may, will, should, would, expect, intend, plan, anticipate, believe, estimate, predict, potential, seem, seek, future, continue, or appear or the negative of these terms or similar expressions, although not all forward-looking statements contain these identifying words. Such forward-looking statements are not guarantees of future performance and are subject to risks and uncertainties that may cause actual results to differ materially from those anticipated by the forward-looking statements. Additional information concerning these and other factors that may cause actual results to differ materially from those anticipated in the
1 of 2
forward-looking statements is contained in the Risk Factors section of the Companys Annual Report on Form 10-K for the year ended December 31, 2014, and in the Companys other periodic reports and filings with the Securities and Exchange Commission. The Company cautions investors not to place undue reliance on the forward-looking statements contained in this press release. All forward-looking statements are based on information currently available to the Company on the date hereof, and the Company undertakes no obligation to revise or update these forward-looking statements to reflect events or circumstances after the date of this press release, except as required by law.
Contacts:
Jack Howarth
Vice President, Corporate Affairs
609-359-3016
jhowarth@antarespharma.com
2 of 2
BBLVSZVEG=7]Q&TLX.I<3>27[6^"7%O)&T+UHT
MBQZ^Z@K6NT'"3^50!>8M4JB0Q$Y6T2QBKRSE$IOK@T0,4C9OSP;[.@3D`'G/
M'_5G4%3J;?*NZ23C1>$:<7ZM..44^UYRE]IL]$[!M$-DVNG81?>J+&4Y?6G+
M.3^+@NQ(SWG6S,C`&`1_[8Z\L^W.K'9;5%)530N6SNO^Y->5)95P9HDC9[IK
MJQUN!54=%,0S9-.5DDA%0!`2`'/(<8!JB>`[R_>/OI-XZ:QTT[C;1A^H'9+J
MG4@'X].<`ZK4?7W0^@(MU":+TOJK3<0^.51_&ZNU_5*&S?J$,