-----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, LjUfWzV/U5vtQCNkXjrII5KXuR9iV72G0ylF13lW6UDsM70ekccxCpVuhJSMjgxQ SHjOPDTus4F4Ko1U4uxXrg== 0000950152-03-008728.txt : 20031014 0000950152-03-008728.hdr.sgml : 20031013 20031010204540 ACCESSION NUMBER: 0000950152-03-008728 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 5 CONFORMED PERIOD OF REPORT: 20031010 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20031014 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: 03937894 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 j0343301e8vk.htm MYLAN LABORATORIES, INC. MYLAN LABORATORIES, INC.
 

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): October 10, 2003

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
Suite 400
Canonsburg, PA 15317

(Address of principal executive offices)

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

 


 

Item 5.  Other Events

     On October 10, 2003, Mylan Laboratories Inc., a Pennsylvania corporation, issued a press release announcing an update in its litigation status, relating in particular to the consolidated, multi-district “Pharmaceutical Industry Average Wholesale Price Litigation” pending in the U.S. District Court for the District of Massachusetts. A copy of such press release is attached hereto as Exhibit 99.1, and the court orders referred to in the release are attached as Exhibits 99.2, 99.3 and 99.4.

Item 7.  Financial Statements and Exhibits.

     
(c)   Exhibits.
     
Exhibit No.   Description
 
99.1   Press release of the registrant, dated October 10, 2003.
99.2   Order dated September 2, 2003.
99.3   Order dated September 30, 2003.
99.4   Order dated October 8, 2003.
 

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: October 10, 2003   By:           /s/ Robert J. Coury

Robert J. Coury
Vice Chairman and Chief Executive Officer

 


 

EXHIBIT INDEX

     
 
Exhibit No.   Description
 
99.1   Press release of the registrant, dated October 10, 2003.
99.2   Order dated September 2, 2003.
99.3   Order dated September 30, 2003.
99.4   Order dated October 8, 2003.
 

  EX-99.1 3 j0343301exv99w1.txt EXHIBIT 99.1 EXHIBIT 99.1 NEWS RELEASE FOR IMMEDIATE RELEASE FOR: Mylan Laboratories Inc. For Further Information 1500 Corporate Dr., Suite 400 CONTACT: Kris King Canonsburg, PA 15317 (724) 514-1800 MYLAN UPDATES LITIGATION STATUS Pittsburgh, PA - October 10, 2003 - Earlier this week, Mylan Laboratories Inc. (NYSE:MYL) reported it had been dismissed with prejudice from the consolidated, multi-district "Pharmaceutical Industry Average Wholesale Price Litigation" in the U.S. District Court for the District of Massachusetts. The dismissal was granted after presentation of Mylan's unopposed motion to dismiss. Today Mylan learned the judge in the case vacated the order, "in light of the scheduling order entered on September 2, 2003." Copies of the orders have been filed by the Company in a Form 8-K and are available through EDGAR. Vice Chairman and CEO Robert J. Coury stated: "It appears as if this action was taken by the judge on her own initiative because she became aware of a scheduling inconsistency relating to one of her previous orders. So far as we know, in the approximately two weeks since the entry of the order, no party objected to the entry of the original order dismissing Mylan or asked the court to reconsider the dismissal. We are hopeful that we will be in the same place when the scheduling issue is resolved." Mylan Laboratories Inc. is a leading pharmaceutical company with four subsidiaries, Mylan Pharmaceuticals Inc., Mylan Technologies Inc., UDL Laboratories Inc. and 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. This press release includes statements that constitute "forward-looking statements", including with regard to the court's actions in, and the ultimate outcome of, the AWP litigation. 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 court's finding that the Company should not be dismissed from the litigation; the possibility that the plaintiffs ultimately may be granted injunctive relief or money damages; and the other risks detailed in the Company's periodic filings with the Securities and Exchange Commission. The Company undertakes no obligation to update these statements for revisions or changes after the date of this release. EX-99.2 4 j0343301exv99w2.txt EXHIBIT 99.2 EXHIBIT 99.2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS IN RE PHARMACEUTICAL INDUSTRY MDL 1456 AVERAGE WHOLESALE PRICE LITIGATION Master File No. 01-CV-12257-PBS Judge Patti B. Saris THIS DOCUMENT RELATES TO: Rice v. Abbott Laboratories, et al., N.D. Cal. Case No. C 02-3925 MJJ Thompson v. Abbott Laboratories, et. al, N.D. Cal. Case No. C 02-4450 MJJ SCHEDULING ORDER FOR MOTIONS TO DISMISS FILED ON JULY 18, 2003 Having considered John Rice and Constance Thompson's joint Ex Parte Motion to Coordinate the Briefing Schedule of the Motions to Dismiss filed on July 18, 2003, and for good cause showing: IT IS HEREBY ORDERED as follows: In the event the Court denies the motion to remand filed by Plaintiffs John Rice and Constance Thompson, currently set for hearing on October 9, 2003, Rice and Thompson shall serve and file their opposition to the motions to dismiss filed on July 8, 2003 within 4 days after notice of the Court's denial of the remand motion. Dated: 9/2, 2002 /s/ Patti B. Saris --------------------- Patti B. Saris United States District Judge EX-99.3 5 j0343301exv99w3.txt EXHIBIT 99.3 EXHIBIT 99.3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS IN RE PHARMACEUTICAL INDUSTRY MDL 1456 AVERAGE WHOLESALE PRICE LITIGATION Civil Action 01-CV-12257-PBS Judge Patti B. Saris THIS DOCUMENT RELATES TO: Rice v. Abbott Laboratories, Inc., No. 3:02- cv-3925, (N.D. Cal.), Thompson v. Abbott Laboratories, Inc., No. 3:02-cv-4450 (N.D. Cal.), and Turner v. Abbott Laboratories, No. 3:02-cv-5006 (N.D. Cal.) ORDER AND NOW, this 30 day of September 2003, after consideration of Defendant Mylan Laboratories Inc.'s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), it is hereby ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED, and Mylan Laboratories Inc. is hereby dismissed from the Amended Master Consolidated Complaint and the individual complaints filed in Rice v. Abbott Laboratories, Inc., et al., No. 3:02-cv-3925, (N.D. Cal.), Thompson v. Abbott Laboratories, Inc., et al., No. 3:02-cv-4450 (N.D. Cal.), and Turner v. Abbott Laboratories, et al., No. 3:02-cv-5006 (N.D. Cal.), with prejudice. By /s/ Patti B. Saris ------------------ Honorable Patti B. Saris Without Opposition EX-99.4 6 j0343301exv99w4.txt EXHIBIT 99.4 EXHIBIT 99.4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS IN RE PHARMACEUTICAL INDUSTRY MDL 1456 AVERAGE WHOLESALE PRICE LITIGATION Civil Action No. 01-CV-12257-PBS Judge Patti B. Saris THIS DOCUMENT RELATES TO: Rice v. Abbott Laboratories, Inc. No. 3:02- cv-3925, (N.D. Cal.), Thompson v. Abbott Laboratories, Inc., No. 3:02-cv-4450 (N.D. Cal.), and Turner v. Abbott Laboratories, No. 3:02-cv-5006 (N.D. Cal.) ORDER October 8, 2003 Saris, U.S.D.J. I vacate the order dismissing Mylan Laboratories Inc. entered without opposition on September 30, 2003 (Docket No. 559) in light of the scheduling order entered on September 2, 2003 (Docket No. 492). /s/ Patti B. Saris --------------------- Patti B. Saris United States District Judge -----END PRIVACY-ENHANCED MESSAGE-----