8-K 1 a04-14605_18k.htm 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)         December 8, 2004        

 

Cephalon, Inc.

(Exact Name of Registrant as Specified in Charter)

 

Delaware

 

0-19119

 

23-2484489

(State or Other Jurisdiction

 

(Commission

 

(IRS Employer

of Incorporation)

 

File Number)

 

Identification No.)

 

 

 

 

 

145 Brandywine Parkway
West Chester, Pennsylvania

 

19380

(Address of Principal Executive Offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code             (610) 344-0200            

 

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:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o 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 November 8, 2004, Cephalon, Inc. issued a press release announcing that it had learned that the U.S. Food and Drug Administration (FDA) had acknowledged receipt of an abbreviated new drug application (ANDA) filed with a paragraph IV certification by Barr Laboratories, Inc. for a generic form of ACTIQÒ (oral transmucosal fentanyl citrate) [C-II].  A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.

 

Item 9.01               Financial Statements and Exhibits.

 

(a)

Financial Statements of Business Acquired.

 

 

 

None

 

 

(b)

Pro forma Financial Information.

 

 

 

None

 

 

(c)

Exhibits.

 

 

 

Exhibit No.

 

Description of Document

 

99.1

 

Press Release dated December 8, 2004 – Anticipated Generic Actiq Filing Occurs

 

2


 

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.

 

 

 

CEPHALON, INC.

 

 

 

 

Date: December 9, 2004

By:

/s/ John E. Osborn

 

 

 

John E. Osborn

 

 

Sr. Vice President, General Counsel & Secretary

 

3


 

EXHIBIT INDEX

 

Exhibit
Number

 

Description

99.1

 

Press Release dated December 8, 2004 – Anticipated Generic Actiq Filing Occurs

 

4