================================================================================
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
May 15, 2009
------------------------------------------------
Date of Report (Date of earliest event reported)
NPS PHARMACEUTICALS, INC.
- --------------------------------------------------------------------------------
(Exact name of registrant as specified in its charter)
Delaware 0-23272 87-0439579
- --------------------------------------------------------------------------------
(State or other jurisdiction (Commission File Number) (I.R.S. Employer
of incorporation) Identification Number)
550 Hills Drive, 3rd Floor
Bedminster, NJ 07921
------------------------------------------------
(Address of principal executive offices)
(908) 450-5300
------------------------------------------------
(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
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| 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 May 15, 2009, the United States District Court, District of Delaware
(the "Court") denied a motion filed by Teva Pharmaceuticals USA, Inc. ("Teva")
on April 3, 2009 to add a counterclaim to the patent infringement lawsuit filed
against Teva and Barr Laboratories Inc. ("Barr") on July 25, 2008 by The Brigham
and Women's Hospital ("Brigham"), Amgen, Inc. ("Amgen") and NPS Pharmaceuticals
Inc. ("NPS"). The patent infringement lawsuit filed by Brigham, Amgen and NPS is
based on an Abbreviated New Drug Application submitted to the U.S. Food & Drug
Administration by Teva and Barr seeking approval to market generic versions of
Sensipar(R) (cinacalcet HCl) and alleges infringement of four of NPS's patents
for Sensipar. Teva's counterclaim alleged infringement of its U.S. Patent No.
7,449,603 by Amgen. The Court's denial of Teva's motion is not appealable.
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.
Date: May 19, 2009 NPS PHARMACEUTICALS, INC.
By: /s/ ANDREW RACKEAR
-----------------------------------
Andrew Rackear
Senior Vice President, General
Counsel and Secretary