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 AND EXCHANGE ACT OF 1934
November 10, 2006
Date of Report (Date of earliest event reported)
SPECTRUM PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
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Delaware
(State or other Jurisdiction
of Incorporation)
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000-28782
(Commission File Number)
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93-0979187
(IRS Employer
Identification Number) |
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157 Technology Drive
Irvine, California
(Address of principal executive offices)
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92618
(Zip Code) |
(949) 788-6700
(Registrant’s 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)) |
Item 1.01 Entry into a Material Definitive Agreement
On November 10, 2006, Spectrum Pharmaceuticals, Inc. (the “Company”) entered into a settlement
agreement (“Agreement”) of patent litigation with Glaxo Group Limited (“GSK”) relating to
sumatriptan injection, the generic version of GSK’s Imitrex® Injection. Pursuant to the terms of
the Agreement, the parties agreed to dismiss the litigation with prejudice and mutually agreed to
release each other from all liability associated with the litigation. In addition, GSK granted the
Company an exclusive license to market, sell and distribute generic
versions of certain sumatriptan
injection products in the United States during GSK’s sumatriptan pediatric exclusivity period, which begins
on August 6, 2008, but with the launch occurring not later than November 6, 2008. Also pursuant to
the terms of the Agreement, the Company’s distribution partner for sumatriptan injection, Par
Pharmaceutical Companies, Inc. (“Par”), on behalf of the Company, entered into a supply and
distribution agreement (“Supply Agreement”) with GSK, whereby GSK agreed to supply certain
sumatriptan injection products to Par for distribution in the United States. The Agreement is
subject to government review and therefore, it could become null and void.
The Company does not have any material relationship with GSK other than the agreements
discussed above.
The foregoing description of the Agreement and the Supply and Distribution Agreement is
qualified in its entirety by reference to the press release attached as Exhibit 99.1 hereto, and
incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
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| Exhibits: |
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Description of Document |
99.1
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Press Release dated November 13, 2006. |
SIGNATURES
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.
Date: November 16, 2006
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SPECTRUM PHARMACEUTICALS, INC.
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By: |
/s/ Shyam Kumaria
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Name: |
Shyam Kumaria |
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Title: |
Vice President, Finance |
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