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
April 7, 2010
Date of Report (Date of earliest event reported)
Medicis Pharmaceutical Corporation
(Exact name of registrant as specified in its charter)
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Delaware
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001-14471
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52-1574808 |
(State of Incorporation)
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(Commission File Number)
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(IRS Employer |
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Identification Number) |
7720 North Dobson Road
Scottsdale, Arizona 85256
(Address of principal executive offices) (Zip Code)
(602) 808-8800
(Registrants telephone number, including area code)
N/A
(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:
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.
The Company Receives a Paragraph IV Patent Certification from Nycomed US Inc.
On April 7, 2010, Medicis Pharmaceutical Corporation (the Company) received a Paragraph IV
Patent Certification from Nycomed US Inc. (Nycomed), advising that Nycomed has filed an
Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug Administration (FDA) for a
generic version of VANOS® (fluocinonide) Cream 0.1%. Nycomed has not advised
the Company as to the timing or status of the FDAs review of its filing, or whether Nycomed has
complied with FDA requirements for proving bioequivalence. Nycomeds Paragraph IV Certification
alleges that the Companys U.S. Patent No. 6,765,001 (the 001 Patent) and U.S. Patent No.
7,220,424 (the 424 Patent) will not be infringed by Nycomeds manufacture, use, sale, offer for
sale or importation of the product for which the ANDA was submitted. The expiration date for the
001 Patent is in 2021, and the expiration date for the 424 Patent is in 2024. The Company is
evaluating the details of Nycomeds certification letter and considering its options.
SIGNATURES
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.
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Date: April 12, 2010 |
By: |
/s/ Jason D. Hanson
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Jason D. Hanson |
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Executive Vice President, General Counsel and Corporate
Secretary |
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