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): April 9, 2003 IMPAX LABORATORIES, INC. ---------------------------------------------------------------- (Exact name of Registrant as specified in its charter) Delaware 0-27354 65-0403311 - ------------------------------- ----------------- ---------------------- (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification Number) 30381 Huntwood Avenue Hayward, CA 94544 ------------------------------------------------------------ (Address of principal executive offices, including zip code) Registrant's telephone number, including area code: 215-289-2220 ------------------------ Item 9. Regulation FD Disclosure On April 9, 2003, Impax Laboratories Inc. issued a press release announcing that Merck & Co. Inc. had withdrawn its lawsuit against the Company in the federal district court in Delaware that had alleged patent infringement related to Impax's filing of an Abbreviated New Drug Application (ANDA) for a generic version of Sinemet(R) CR tablets. A copy of the press release is attached as Exhibit 99.1 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. Impax Laboratories, Inc. By: /s/ Cornel C. Spiegler ---------------------------------- Chief Financial Officer Date: April 9, 2003