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
March 30, 2011
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
(State of Incorporation)
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001-14471
(Commission File Number)
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52-1574808
(IRS Employer
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:
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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))
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The Company Receives a Paragraph IV Patent Certification from Actavis Mid Atlantic LLC
On March 30, 2011, Medicis Pharmaceutical Corporation (the Company) received a Paragraph IV
Patent Certification from Actavis Mid Atlantic LLC (Actavis), advising that Actavis has filed an
Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug Administration (FDA) for a
generic version of the Companys product Ziana® (clindamycin phosphate 1.2% and tretinoin 0.025%)
Gel. Actavis has not advised the Company as to the timing or status of the FDAs review of its
filing, or whether Actavis has complied with FDA requirements for proving bioequivalence. Actavis
Paragraph IV Patent Certification alleges that the
Companys U.S. Patent Nos. RE41,134 (the 134
Patent) and 6,387,383 (the 383 Patent) will not be infringed by Actavis manufacture, use
and/or sale of the product for which the ANDA was submitted. The
expiration date for the 134
Patent is in 2015, and the expiration date for the 383 Patent is in 2020. The Company is
evaluating the details of Actavis 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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Medicis Pharmaceutical Corporation
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Date: April 5, 2011 |
By: |
/s/ Seth L. Rodner
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Seth L. Rodner |
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Senior Vice President, General Counsel and
Corporate Secretary |
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