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EX-99.1 - EXHIBIT 99.1 - ACURA PHARMACEUTICALS, INCv324156_ex99-1.htm

 

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

 

September 20, 2012

Date of Report (Date of earliest event reported)

___________________________________________________________

 

ACURA PHARMACEUTICALS, INC.

(Exact Name of Registrant as Specified in Charter)

___________________________________________________________

 

State of New York   1-10113   11-0853640
(State of Other Jurisdiction   (Commission File Number)   (I.R.S. Employer
of Incorporation)       Identification Number)

 

616 N. North Court, Suite 120

Palatine, Illinois 60067

(Address of principal executive offices) (Zip Code)

 

(847) 705-7709

(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 (see General Instruction A.2. below):

 

¨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 (17CFR 240.14a-12)

 

¨Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17CFR240.14d-2(b))

 

¨Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17CFR 240.13e-4(c))

 

 
 

 

Item 8.01Other Events

 

On September 20, 2012, we issued a press release announcing that we had received notice from a generic sponsor of a Paragraph IV Certification advising us of the filing of an abbreviated new drug application with the U.S. Food and Drug Administration (“FDA”) listing Pfizer Inc’s OXECTA® (oxycodone hydrochloride) Tablets CII as the reference listed drug and asserting that the generic sponsor believes that our patents listed in the FDA’s Orange Book for OXECTA® are either invalid, unenforceable or not infringed thereby. A copy of our press release dated September 20, 2012, is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01Financial Statements and Exhibits

 

Exhibit Number   Description
     
99.1   Press Release dated September 20, 2012 announcing filing of Paragraph IV Certification.

 

 
 

 

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 thereunto duly authorized.

 

  ACURA PHARMACEUTICALS, INC.

 

  By: /s/ Peter A. Clemens
    Peter A. Clemens
    Senior Vice President & Chief Financial Officer

 

Date:  September 20, 2012

 

 
 

 

Exhibit Index

 

Exhibit Number   Description
     
99.1   Press Release dated September 20, 2012 announcing filing of Paragraph IV Certification.