UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 17, 2011
SANTARUS, INC.
(Exact Name of Registrant as Specified in Its Charter)
Delaware | 0-50651 | 33-0734433 | ||
(State or Other Jurisdiction | (Commission File Number) | (I.R.S. Employer | ||
of Incorporation or Organization) | Identification No.) |
3721 Valley Centre Drive, Suite 400, San Diego, California 92130
(Address of Principal Executive Offices) (Zip Code)
(Address of Principal Executive Offices) (Zip Code)
(858) 314-5700
N/A
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 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)) |
Item 8.01. Other Events
Santarus, Inc. (Santarus) was notified by Depomed, Inc. (Depomed) that Depomed received a
favorable Markman claim construction ruling by Judge Phyllis J. Hamilton of the United States
District Court for the Northern District of California in Depomeds ongoing patent infringement
case against Lupin Limited and its subsidiary, Lupin Pharmaceuticals Inc. (Lupin).
In a Markman ruling, the court determines the meaning of disputed patent terms at issue in
patent litigation. Judge Hamiltons ruling construed ten terms in the patents asserted by Depomed
in the litigation. After comprehensive briefing and oral argument, Judge Hamilton issued an order
principally adopting all ten of Depomeds proposed patent term constructions.
In November 2009, Depomed sued Lupin for infringement of U.S. Patent Nos. 6,340,475, 6,635,280
and 6,488,962, which are listed in the Orange Book for Glumetza® (metformin hydrochloride extended
release tablets). The lawsuit was filed in response to an abbreviated new drug application and
paragraph IV certification Lupin filed with the U.S. Food and Drug Administration seeking approval
to market generic versions of Glumetza 500 mg and 1000 mg tablets. A trial date for the litigation
has not yet been set.
Santarus promotes Glumetza prescription products in the U.S., under the terms of an exclusive
promotion agreement that Santarus entered into with Depomed in July 2008.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
SANTARUS, INC. |
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Date: May 17, 2011 | By: | /s/ Gerald T. Proehl | ||
Name: | Gerald T. Proehl | |||
Title: | President and CEO | |||