UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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 9, 2008
| HI-TECH PHARMACAL CO., INC. |
| (Exact Name of Registrant as Specified in Its Charter) |
| Delaware |
| State or Other Jurisdiction of Incorporation) |
| No. 0-20424 | | 11-2638720 |
| (Commission File Number) | | (IRS Employer Identification No.) |
| 369 Bayview Avenue, Amityville, New York | | 11701 |
| (Address of Principal Executive Offices) | | (Zip Code) |
| (631) 789-8228 |
| (Registrant’s Telephone Number, Including Area Code) |
| |
| (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 (see General Instruction A.2. below):
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 communications 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))
On May 9, 2008, Hi-Tech Pharmacal Co., Inc. issued a press release announcing that it entered into a distribution and supply agreement with a subsidiary of Warner Chilcott Limited to market the authorized generic version of Warner Chilcott’s Dovonex® Scalp Solution (calcipotriene solution 0.005%), indicated for the topical treatment of psoriasis of the scalp. According to IMS, Dovonex® Scalp Solution had sales of approximately $18 million in 2007. Hi-Tech will pay Warner Chilcott a portion of the profits from the sale of the authorized generic product. Hi-Tech will begin shipping generic calcipotriene scalp solution under its label immediately. A copy of the press release is attached as Exhibit 99.1 to this current report and is incorporated herein by reference.
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.
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| Date: May 9,2008 | HI-TECH PHARMACAL CO., INC. |
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| | By: | /s/ David S. Seltzer |
| | Name: | David S. Seltzer |
| | Title: | President and Chief Executive Officer |
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INDEX TO EXHIBITS
Exhibit Number | | Description |
| | | |
| 99.1 | | Hi-Tech Pharmacal Co., Inc. Press Release dated May 9, 2008. |
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