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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Commission File Number 1-9601
Date of Report (date of earliest event reported): July 23, 2008
K-V PHARMACEUTICAL COMPANY
(Exact name of registrant as specified in its charter)
DELAWARE 43-0618919
(State or other jurisdiction of (I.R.S. Employer Identification No.)
incorporation or organization)
2503 SOUTH HANLEY ROAD
ST. LOUIS, MISSOURI 63144
(Address of principal executive offices) (Zip Code)
(314) 645-6600
(Registrant's telephone number, including area code)
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:
[ ] Written communications pursuant to Rule 425 under the Securities Act.
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act.
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act.
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act.
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ITEM 8.01 OTHER EVENTS.
On July 23, 2008, K-V Pharmaceutical Company (the "Company")
issued a press release announcing a favorable court decision related to
litigation brought by the Company against Lannett Company, Inc. for
infringement of the Company's PrimaCare ONE(R) trademark and for patent
infringement.
A copy of the press release is attached hereto as Exhibit
99.1. The information in this Item 8.01, including the exhibit, shall not be
deemed "filed" for purposes of Section 18 of the Securities Exchange Act of
1934 or otherwise subject to the liabilities of that section.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(d) The following exhibit is furnished as part of this
report:
Exhibit Number Description
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99.1 Press Release dated July 23, 2008,
issued by K-V Pharmaceutical Company.
The Company has posted this Form 8-K on its Internet website
at www.kvpharmaceutical.com.
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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.
Dated: July 24, 2008
K-V PHARMACEUTICAL COMPANY
By: /s/ Richard H. Chibnall
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Richard H. Chibnall
Vice President, Finance