Current Report Filing (8-k)
March 24 2014 - 7:05AM
Edgar (US Regulatory)
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
Date of Report (Date of earliest event reported): March 21, 2014
Idenix Pharmaceuticals, Inc.
(Exact Name of Registrant as Specified in Charter)
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Delaware |
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000-49839 |
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45-0478605 |
(State or Other Jurisdiction
of Incorporation |
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(Commission
File Number) |
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(IRS Employer
Identification No.) |
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320 Bent Street
Cambridge, MA |
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02141 |
(Address of Principal Executive Offices) |
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(Zip Code) |
Registrants telephone number, including area code: 617-995-9800
(Former Name or Former Address, if Changed Since Last Report)
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):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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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 March 24, 2014, Idenix Pharmaceuticals, Inc. (Idenix) announced that it intends to file an appeal to challenge the Oslo, Norway District
Courts (the Court) decision in a patent invalidity case concerning Idenixs co-owned Norwegian patent NO 330 755 that covers certain 2-methyl-2-fluoro nucleoside compounds useful in the treatment of the
hepatitis C virus (HCV) and other flaviviridae infections.
In September 2012, Gilead Sciences Europe Ltd., a subsidiary of Gilead Sciences, Inc. (NASDAQ:
GILD) (Gilead) filed a lawsuit in the Court claiming that Idenixs Norwegian patent NO 330 755 is invalid. Idenix subsequently filed a counter claim that a patent owned by Gilead covering similar subject matter (Norwegian
patent NO 333 700) is invalid and unenforceable. On March 21, 2014, the Court determined that Idenixs patent is invalid and that Gileads patent is valid.
Other Ongoing Patent Disputes
Idenix has several ongoing
litigation and administrative matters involving Gilead and/or certain of its subsidiaries. In December 2013, Idenix announced it filed two lawsuits against Gilead: a patent infringement lawsuit in the United States District Court in Boston,
Massachusetts (Idenix U.S. Patents 6,914,054 and 7,608,597) and a separate patent infringement and interference lawsuit in the United States District Court in Wilmington, Delaware (Idenix U.S. Patent 7,608,600 and Gilead U.S. Patent 8,415,322).
In March 2014, Idenix announced it filed patent infringement lawsuits against Gilead in each of three countriesFrance, Germany and the United Kingdom.
The lawsuits allege that Gilead infringes Idenixs recently-granted, co-owned European patent EP 1 523 489 that covers 2-methyl-2-fluoro nucleosides for treating the hepatitis C virus.
In February 2012, the U.S. Patent and Trademark Office, or USPTO, initiated a patent interference between one of Idenixs co-owned patent applications
and a patent owned by Gilead. In January 2014, the USPTO determined that Idenix is not entitled to priority of invention and judgment was entered in favor of Gilead. Idenix challenged this decision in the U.S. District Court for the District of
Delaware.
In December 2013, the USPTO declared a second patent interference between Idenixs U.S. Patent 7,608,600 and Gileads U.S. Patent
Application 11/854,218, both related to the use of certain 2-methyl, 2-fluoro nucleoside compounds to treat HCV infections.
In August 2013,
Idenix filed a request with the Chinese Patent Offices Patent Re-examination Board, or the PRB, to invalidate Gileads Chinese Patent No. ZL.200480019148.4.
Gilead has also filed suit against Idenix in Canada and Australia to invalidate granted Idenix patents covering certain 2-methyl-2-fluoro
nucleoside compounds and their use in treating HCV or other Flaviviridae viruses.
The full text of the press release is attached hereto as Exhibit 99.1.
Exhibit 99.1 is incorporated by reference into this Current Report on Form 8-K.
Item 9.01. Financial Statements and Exhibits
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99.1 |
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Press Release dated March 24, 2014 |
SIGNATURE
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.
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Idenix Pharmaceuticals, Inc. |
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Date: March 24, 2014 |
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By: |
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/s/ Maria Stahl |
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Maria Stahl Senior Vice President and
General Counsel |
EXHIBIT INDEX
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Exhibit No. |
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Description |
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99.1 |
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Press release dated March 24, 2014 |
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