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ZGEN > SEC Filings for ZGEN > Form 8-K on 6-Nov-2009All Recent SEC Filings

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Form 8-K for ZYMOGENETICS INC


6-Nov-2009

Other Events


Item 8.01 Other Events.

On November 4, 2006, we filed with the Securities and Exchange Commission a current report on Form 8-K in which we announced that King Pharmaceuticals, Inc. and affiliated entities filed suit against us in the United States District Court for the Eastern District of Tennessee, naming as defendants ZymoGenetics, Inc. and fifty unnamed individuals. King filed motions with the District Court seeking temporary restraining orders and preliminary injunctive relief. We also announced that, on November 3, 2009, following a hearing in which we did not have an opportunity to participate, the District Court entered three Temporary Restraining Orders, or TROs, which temporarily prohibited us from engaging in certain marketing or promotional conduct related to RECOTHROM.

After a hearing that took place on November 6, 2009, the judge vacated the TROs. As a result, the TROs have no further force or effect.

As previously announced, a hearing on King's motions for preliminary injunctive relief is scheduled for November 16, 2009, and we will oppose King's request for preliminary injunctive relief at that hearing. We dispute the allegations of wrongdoing in King's complaint and intend to vigorously defend ourselves in this matter.

This current report on Form 8-K contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on the current expectations of the management of ZymoGenetics. These statements are not guarantees of future performance and involve risks and uncertainties that are difficult to predict. Our actual results and the outcome of events may differ materially from those expressed in or implied by the forward-looking statements because of risks associated with this litigation, including the possibility of being subject to significant monetary damages or judicially-mandated changes in our business, and other risks detailed in the company's public filings with the Securities and Exchange Commission, including our most recent Annual Report on Form 10-K for the year ended December 31, 2008 and subsequent Quarterly Reports on Form 10-Q. Except as required by law, we undertake no obligation to update any forward-looking or other statements in this current report on Form 8-K, whether as a result of new information, future events or otherwise.


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