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NPSP > SEC Filings for NPSP > Form 8-K on 19-May-2009All Recent SEC Filings

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Form 8-K for NPS PHARMACEUTICALS INC


19-May-2009

Other Events


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.

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