-----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, OKi/zFNGbqncZv4Cxr7vopRcSFDWBwlNalLsX13I1M04UXKVr9VuHn0vlYSvGL0e mXv2XhnlRgA9zDSK2Dx2Xw== 0000950123-04-006802.txt : 20040526 0000950123-04-006802.hdr.sgml : 20040526 20040525195319 ACCESSION NUMBER: 0000950123-04-006802 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040525 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040526 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WYETH CENTRAL INDEX KEY: 0000005187 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 132526821 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-01225 FILM NUMBER: 04830947 BUSINESS ADDRESS: STREET 1: 5 GIRALDA FARMS CITY: MADISON STATE: NJ ZIP: 07940 BUSINESS PHONE: 9736605000 MAIL ADDRESS: STREET 1: 5 GIRALDA FARMS CITY: MADISON STATE: NJ ZIP: 07940 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN HOME PRODUCTS CORP DATE OF NAME CHANGE: 20020308 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN HOME PRODUCTS CORP DATE OF NAME CHANGE: 19920703 8-K 1 y97806e8vk.txt WYETH 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): MAY 25, 2004 WYETH -------------------------------------------------- (EXACT NAME OF REGISTRANT AS SPECIFIED IN CHARTER) Delaware 1-1225 13-2526821 ----------------- ----------------- ----------------- (STATE OR OTHER (COMMISSION (I.R.S. EMPLOYER JURISDICTION OF FILE NUMBER) IDENTIFICATION NO.) INCORPORATION)
FIVE GIRALDA FARMS MADISON, NJ 07940 - ---------------------------------------- ---------- (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (973) 660-5000 ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. On May 25, 2004, the United States Court of Appeals for the Third Circuit issued a decision reversing rulings by U.S. District Court Judge Harvey Bartle III of the Eastern District of Pennsylvania that excluded certain evidence in state court diet drug trials brought by class members who had exercised their right to be an intermediate or back-end "opt out" from the nationwide diet drug class action settlement. The complete Third Circuit decision is available at http://www.ca3.uscourts.gov/opinarch/024582p.pdf. The foregoing description of the Third Circuit decision does not purport to be complete and is qualified in its entirety by reference to the complete decision. Also on May 25, 2004, Wyeth issued a press release relating to this Third Circuit decision and stating its intention to seek a rehearing. The press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits.
EXHIBIT NO. DESCRIPTION - ----------- ----------- 99.1 Press Release, dated May 25, 2004.
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. WYETH By: /s/ Lawrence V. Stein ------------------------------------- Name: Lawrence V. Stein Title: Senior Vice President and General Counsel (Duly Authorized Signatory) Date: May 25, 2004 EX-99.1 2 y97806exv99w1.txt PRESS RELEASE . . . Exhibit 99.1 [WYETH LOGO] NEWS RELEASE IMMEDIATE RELEASE Media Contact: Investor Contact: Douglas Petkus Justin Victoria Wyeth Pharmaceuticals Wyeth (484) 865-5140 (973) 660-5340
WYETH TO SEEK REHEARING OF COURT RULING MADISON, N.J., MAY 25, 2004 - Wyeth (NYSE: WYE) today said it would seek rehearing of a decision issued by the United States Court of Appeals for the Third Circuit reversing rulings by U.S. District Court Judge Harvey Bartle III of the Eastern District of Pennsylvania which excluded certain evidence in state court diet drug trials. Judge Bartle's rulings applied to class members who had exercised their right to be an intermediate or back-end "opt out" from the nationwide diet drug class action settlement. The Appeals Court's decision today would limit the District Court's ability to exclude certain categories of evidence from diet drug cases brought in state courts. The Court of Appeals stressed, however, the obligation of state trial judges to "ensure that the parties do not evade" the prohibition on seeking punitive damages contained in the diet drug settlement agreement. The Court of Appeals also noted its expectation that trial judges will "exclude evidence when its prejudicial effect (namely its tendency to inflame 2 [WYETH LOGO] the jury and improperly inflate compensatory damages) outweighs its probative value." In addition, the Court of Appeals: - Upheld the exclusion of evidence relevant exclusively to punitive damages. - Stated that the District Court is free to consider other measures to uphold the limitations of the settlement agreement, such as prescribing jury instructions that would make it clear to the jury that punitive damages may not be awarded. - Stated that after a state court trial is concluded, "the District Court is not without recourse in the event that a verdict is rendered that appears to grant punitive damages under the guise of some other damage category." Wyeth has 14 days in which to file a petition for rehearing. Wyeth is one of the world's largest research-driven pharmaceutical and health care products companies. It is a leader in the discovery, development, manufacturing, and marketing of pharmaceuticals, vaccines, biotechnology products and nonprescription medicines that improve the quality of life for people worldwide. The Company's major divisions include Wyeth Pharmaceuticals, Wyeth Consumer Healthcare and Fort Dodge Animal Health. ###### -----END PRIVACY-ENHANCED MESSAGE-----