-----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, S9uu2zFTOeAwLumdb4rIqQt01g2M9vQjFPIqKSEpIXBKtKBn+NJzZf6uEcf8SHak DhPCrcqoRzqMMyrqD8Dy8Q== 0000950123-04-008732.txt : 20040727 0000950123-04-008732.hdr.sgml : 20040727 20040726063326 ACCESSION NUMBER: 0000950123-04-008732 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040726 ITEM INFORMATION: ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040726 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MYLAN LABORATORIES INC CENTRAL INDEX KEY: 0000069499 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 251211621 STATE OF INCORPORATION: PA FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09114 FILM NUMBER: 04929927 BUSINESS ADDRESS: STREET 1: 1500 CORPORATE DRIVE STREET 2: SUITE 400 CITY: CANONSBURG STATE: PA ZIP: 15317 BUSINESS PHONE: 724-514-1800 MAIL ADDRESS: STREET 1: 1500 CORPORATE DRIVE STREET 2: SUITE 400 CITY: CANONSBURG STATE: PA ZIP: 15317 FORMER COMPANY: FORMER CONFORMED NAME: FRM CORP DATE OF NAME CHANGE: 19711003 8-K 1 j0885201e8vk.htm FORM 8-K 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): July 26, 2004

MYLAN LABORATORIES INC.

(Exact name of registrant as specified in its charter)
         
Pennsylvania   1-9114   25-1211621
(State or other jurisdiction
of incorporation)
  (Commission File
Number)
  (I.R.S. Employer
Identification No.)

1500 Corporate Drive
Canonsburg, PA 15317

(Address of principal executive offices)

(724) 514-1800
(Registrant’s telephone number, including area code)



 


 

Item 7.  Financial Statements and Exhibits.

(c)   Exhibits.

     
Exhibit No.
  Description
99.1
  Press release of the registrant, dated July 26, 2004.

Item 12.  Results of Operations and Financial Condition.

     On July 26, 2004, Mylan Laboratories Inc., a Pennsylvania corporation, issued a press release reporting its financial results for the quarter ended June 30, 2004. A copy of such press release is attached hereto as Exhibit 99.1.

     The information in this report (including the exhibit) shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liability of that section, and shall not be incorporated by reference into any registration statement or other document filed under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

SIGNATURE

     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.
         
  MYLAN LABORATORIES INC.
 
 
Date: July 26, 2004  By:   /s/ Edward J. Borkowski    
    Edward J. Borkowski   
    Chief Financial Officer   
 

 


 

EXHIBIT INDEX

     
Exhibit No.
  Description
99.1
  Press release of the registrant, dated July 26, 2004.

 

EX-99.1 2 j0885201exv99w1.htm EARNINGS RELEASE EARNINGS RELEASE
 

Exhibit 99.1

             
FOR IMMEDIATE RELEASE
 
           
      CONTACTS:   Heather Bresch (Public Relations)
          Mylan Laboratories Inc.
          724.514.1800 
 
           
          Kris King (Investor Relations)
          Mylan Laboratories Inc.
          724.514.1800 

Mylan Reports First Quarter Earnings –
Record First Quarter Revenues Reported

Financial Highlights:

    Record first quarter net revenues of $339.0 million.
 
    Diluted earnings per share of $0.30 reported for the first quarter of both fiscal 2005 and 2004.

PITTSBURGH, PA – July 26, 2004 – Mylan Laboratories Inc. (NYSE: MYL) today announced its financial results for the first quarter ended June 30, 2004, which included record first quarter net revenues of $339.0 million. This represents an increase of $7.6 million over net revenues from the same prior year period.

Earnings per diluted share for the first quarter of fiscal 2005 were $0.30 per share, which is the same as was reported for the first quarter of fiscal 2004. Net earnings for the three months decreased slightly to $82.0 million from $83.9 million in the same prior year period.

Included in net earnings for the first quarter of fiscal 2005 were net gains on legal settlements which amounted, net of tax, to approximately $0.06 per diluted share. Net gains on legal settlements of approximately $0.05 per diluted share were included in net earnings in the first quarter of the prior year.

“We are pleased with our financial results for the first quarter of fiscal 2005,” commented Robert J. Coury, Vice Chairman and CEO of Mylan. “Our branded franchise, which will be augmented by our acquisition of King Pharmaceuticals, will complement our generics business which has been, and continues to be, under increasing pressure due to uncertainties caused by recent decisions from the FDA, current brand tactics and other factors that are beyond our control.”

Earlier today, Mylan announced in a separate press release that it has entered into an agreement to acquire King Pharmaceuticals, Inc.

From a segment perspective, Generic Segment net revenues increased 5% or $12.5 million to $267.7 million, a first quarter record. The Brand Segment reported net revenues of $71.3 million for the first quarter of fiscal 2005, a decrease of $4.9 million or 6% from the same prior year period. The Brand Segment reported first quarter increases in both gross profit and gross margins despite the decrease in net revenues.

 


 

The first quarter of fiscal 2005 included net gains of $26.0 million from litigation settlements. In June 2004, Mylan received $37.5 million in settlement of certain patent litigation claims involving omeprazole. A portion of this settlement represented reimbursement of legal fees and expenses related to the litigation. Partially offsetting this gain, Mylan agreed, also in June 2004, to a $9.0 million settlement resolving all pending litigation with respect to paclitaxel.

Segment Information

                         
    Three Months Ended
    June 30,
    2005
  2004
  Change
Net Revenues (in millions)
                       
Generic Segment
  $ 267.7     $ 255.2       5 %
Brand Segment
    71.3       76.2       -6 %
 
   
 
     
 
         
Total
  $ 339.0     $ 331.4       2 %
 
   
 
     
 
         

Generic Segment

Net revenues for the quarter increased 5% or $12.5 million to $267.7 million from $255.2 million for the same prior year period. Contributing to this increase is net revenue from products launched subsequent to June 30, 2003 of $41.8 million. Included in this amount are sales of omeprazole, which was launched in August 2003, and levothyroxine sodium tablets, which were approved as the generic version of Abbott Laboratories’ Synthroid® in late June 2004. Mylan had previously marketed levothyroxine sodium tablets as the generic equivalent of Jerome Stevens Pharmaceuticals’ Unithroid®.

Gross profit for the quarter was relatively constant at $138.8 million, while gross margins decreased from 54.2% in fiscal 2004 to 51.9% in fiscal 2005. Earnings from operations decreased 3% to $113.7 million, as a result of increased research and development (R&D) and general and administrative (G&A) expenses. R&D expenses increased by 21% to $16.3 million as a result of continued investment in our development platform. G&A expenses increased to $5.9 million.

Brand Segment

Brand Segment net revenues for the first quarter were $71.3 million, a decrease of $4.9 million or 6% from $76.2 million in the same prior year period. The majority of the decrease in net revenues was due to lower sales of Amnesteem® and Digitek®, partially offset by increased sales of phenytoin.

Gross profit for the Brand Segment increased 5% or $2.0 million to $40.9 million in the first quarter of fiscal 2005, while gross margins increased to 57.4% from 51.2%. The increase was a result of a favorable product mix, primarily a lower concentration of sales from Amnesteem, which contributed lower gross margins as a result of royalties paid under a supply and distribution agreement.

Earnings from operations were $16.3 million compared to $9.7 million in the same

 


 

quarter of the prior year, an increase of $6.5 million or 67%. This increase was the result of the higher gross profit and lower operating expenses. R&D expenses decreased by $6.0 million or 54% from the same prior year period, partially offset by an increase in selling and marketing expenses of $1.5 million or 10%. The decrease in R&D expenses was the result of the completion of clinical studies related to nebivolol, for which an NDA was filed on April 30, 2004.

Corporate/Other

G&A expenses for the first quarter of fiscal 2005 were $29.4 million compared to $22.0 million in the same prior year period. This increase was primarily the result of increased legal costs.

Other income for the first quarter was $0.7 million compared to $3.1 million in the same prior year period.

Fiscal 2005 Earnings Guidance

As discussed in a press release dated June 23, 2004, Mylan reiterates that it has suspended its annual earnings guidance.

Annual Meeting of Shareholders

The Annual Meeting of Shareholders will be held on Friday, July 30, 2004 at 10:00 am ET at the Hilton Garden Inn, Canonsburg, Pennsylvania.

Conference Call and Live Webcast

Mylan will host a conference call and live Webcast to discuss the agreement to acquire King Pharmaceuticals, Inc., and its first quarter 2005 earnings on Monday, July 26, 2004, at 9:00 am EST. The dial-in number to access the live call is (719) 457-2681. In addition to the live call, a replay will be available from approximately 12:00 pm EST on July 26, 2004, through 12:00 pm EST on August 2, 2004, and can be accessed by dialing (719) 457-0820 with access pass code 572791. To access the live Webcast, go to Mylan’s website at www.mylan.com and click on the Webcast icon at least 15 minutes before the call is to begin to register and download or install any necessary audio software. If you are unable to listen to the live Webcast, please access www.mylan.com at any time within seven days to listen to a replay of the Webcast.

Forward-Looking Statements

This press release includes statements that constitute “forward-looking statements”, including with regard to the Company’s continued strength, the growth of the branded business and the acquisition of King Pharmaceuticals, Inc. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Because such statements inherently involve risks and uncertainties, actual future results may differ materially from those expressed or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to:

    the satisfaction of the conditions to the acquisition of King, including requisite

 


 

      shareholder and regulatory approvals, as well as the Company’s exposure to risks and uncertainties inherent in acquisitions;
 
    the Company’s ability to successfully develop, license or otherwise acquire and introduce new products on a timely basis in relation to competing product introductions;
 
    the Company’s ability to obtain required FDA approvals for new products on a timely basis;
 
    uncertainties regarding continued market acceptance of and demand for the Company’s products;
 
    the Company’s periodic dependence on a relatively small group of products as a significant source of its net revenue or net income;
 
    the effects of vigorous competition on commercial acceptance of the Company’s products and their pricing;
 
    the high cost and uncertainty associated with compliance with extensive regulation of the pharmaceutical industry;
 
    the significant research and development expenditures the Company makes to develop products, the commercial success of which is uncertain;
 
    the possible loss of business from the Company’s concentrated customer base;
 
    the potential costs and product introduction delays that may result from use of legal, regulatory and legislative strategies by the Company’s competitors, including the practice of so-called “authorized generics”;
 
    the Company’s dependence on third party suppliers and distributors for the raw materials, particularly the chemical compound(s) which produces the desired therapeutic effect, the active ingredient the Company uses to manufacture its products;
 
    the possible negative effects of any interruption of manufacturing of the Company’s generic products at its principal facility;
 
    the effects of consolidation of the Company’s customer base;
 
    uncertainties regarding patent, intellectual and other proprietary property protections;
 
    the expending of substantial resources associated with litigation involving patent or other intellectual property protection of products;
 
    possible reductions in reimbursement rates for pharmaceutical products;
 
    possible negative effects on product pricing of current or future legislative or

 


 

      regulatory programs, including state Medicaid programs;
 
    the Company’s exposure to lawsuits and contingencies associated with its business;
 
    uncertainties regarding the Company’s performance under indemnification clauses in certain material agreements;
 
    the Company’s ability to attract and retain key personnel;
 
    possible adverse effects resulting from any significant decline in the value of securities that the Company holds or from uninsured losses of funds;
 
    uncertainties and matters beyond the control of management, which could affect the Company’s earnings, as well as the subjectivity inherent in any probability weighted analysis underlying the Company’s assumptions and estimates with respect to the future; and
 
    inherent uncertainties involved in the estimates and judgments used in the preparation of financial statements in accordance with GAAP and related standards.

The cautionary statements referred to above should be considered in connection with any subsequent written or oral forward-looking statements that may be made by the Company or by persons acting on its behalf and in conjunction with its periodic SEC filings. In addition, please refer to the cautionary statements and risk factors in Item I of the Company’s Form 10-K for the year ended March 31, 2004. The Company undertakes no duty to update its forward-looking statements, even though its situation may change in the future.

Mylan Laboratories Inc. is a leading pharmaceutical company with four subsidiaries, Mylan Pharmaceuticals Inc., Mylan Technologies Inc., UDL Laboratories, Inc. and Mylan Bertek Pharmaceuticals Inc., that develop, manufacture and market an extensive line of generic and proprietary products. For more information about Mylan, visit www.mylan.com.

 


 

Mylan Laboratories Inc. and Subsidiaries
Condensed Consolidated Statements of Earnings

(unaudited; in thousands, except per share amounts)

                 
    Three Months Ended
    June 30, 2004
  June 30, 2003
Net revenues
  $ 339,012     $ 331,408  
Cost of sales
    159,259       153,979  
 
   
 
     
 
 
Gross profit
    179,753       177,429  
Operating expenses:
               
Research and development
    21,495       24,739  
Selling and marketing
    19,434       17,836  
General and administrative
    38,312       29,608  
Litigation settlements, net
    (25,985 )     (21,669 )
 
   
 
     
 
 
Total operating expenses
    53,256       50,514  
 
   
 
     
 
 
Earnings from operations
    126,497       126,915  
Other income, net
    686       3,105  
 
   
 
     
 
 
Earnings before income taxes
    127,183       130,020  
Provision for income taxes
    45,150       46,157  
 
   
 
     
 
 
Net earnings
  $ 82,033     $ 83,863  
 
   
 
     
 
 
Earnings per common share:
               
Basic
  $ 0.31     $ 0.31  
 
   
 
     
 
 
Diluted
  $ 0.30     $ 0.30  
 
   
 
     
 
 
Weighted average common shares:
               
Basic
    268,553       270,220  
 
   
 
     
 
 
Diluted
    275,409       276,128  
 
   
 
     
 
 

 


 

Mylan Laboratories Inc. and Subsidiaries
Condensed Consolidated Balance Sheets

(unaudited; in thousands)

                 
    June 30, 2004
  March 31, 2004
Assets:
               
Current assets:
               
Cash and cash equivalents
  $ 175,305     $ 101,713  
Marketable securities
    637,686       585,445  
Accounts receivable, net
    213,931       191,094  
Inventories
    315,578       320,797  
Other current assets
    109,357       118,791  
 
   
 
     
 
 
Total current assets
    1,451,857       1,317,840  
Non-current assets
    566,791       557,450  
 
   
 
     
 
 
Total assets
  $ 2,018,648     $ 1,875,290  
 
   
 
     
 
 
Liabilities:
               
Current liabilities
  $ 240,275     $ 173,768  
Non-current liabilities
    41,053       41,734  
 
   
 
     
 
 
Total liabilities
    281,328       215,502  
Total shareholders’ equity
    1,737,320       1,659,788  
 
   
 
     
 
 
Total liabilities and shareholders’ equity
  $ 2,018,648     $ 1,875,290  
 
   
 
     
 
 

 


 

Mylan Laboratories Inc. and Subsidiaries
Segment Results

(unaudited; in thousands)

                 
    Three Months Ended
    June 30, 2004
  June 30, 2003
Consolidated:
               
Net revenues
  $ 339,012     $ 331,408  
Cost of sales
    159,259       153,979  
 
   
 
     
 
 
Gross profit
    179,753       177,429  
Research and development
    21,495       24,739  
Selling and marketing
    19,434       17,836  
General and administrative
    38,312       29,608  
Litigation settlements, net
    (25,985 )     (21,669 )
 
   
 
     
 
 
Earnings from operations
  $ 126,497     $ 126,915  
 
   
 
     
 
 
Generic Segment:
               
Net revenues
  $ 267,704     $ 255,228  
Cost of sales
    128,899       116,773  
 
   
 
     
 
 
Gross profit
    138,805       138,455  
Research and development
    16,292       13,487  
Selling and marketing
    2,900       2,756  
General and administrative
    5,938       4,691  
 
   
 
     
 
 
Earnings from operations
  $ 113,675     $ 117,521  
 
   
 
     
 
 
Brand Segment:
               
Net revenues
  $ 71,308     $ 76,180  
Cost of sales
    30,360       37,206  
 
   
 
     
 
 
Gross profit
    40,948       38,974  
Research and development
    5,203       11,252  
Selling and marketing
    16,534       15,080  
General and administrative
    2,946       2,903  
 
   
 
     
 
 
Earnings from operations
  $ 16,265     $ 9,739  
 
   
 
     
 
 
Corporate/Other:
               
General and administrative
  $ 29,428     $ 22,014  
Litigation settlements, net
    (25,985 )     (21,669 )
 
   
 
     
 
 
Loss from operations
  $ (3,443 )   $ (345 )
 
   
 
     
 
 

 

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