SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the period ended January 17, 2003
Elan Corporation, plc
(Translation of registrant's name into English)
Lincoln House, Lincoln Place, Dublin 2, Ireland
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.
Form 20-F /X/ Form 40-F / /
Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes / / No /X/
This Report of Foreign Issuer on Form 6-K is incorporated by reference into
the Registration Statements on Form F-3 of Elan Corporation, plc (Registration
Nos. 333-10718, 333-10726 and 333-100252), the Registration Statement on Form
F-4 of Elan Corporation, plc and the Post-Effective Amendments thereto on Forms
F-3 and S-8 (No. 333-12756), the Registration Statement of Elan and Athena
Neuroscience Finance, LLC (No. 333-13130), and the Registration Statements on
Form S-8 of Elan Corporation, plc (Registration Nos. 333-13996, 333-12344,
333-11940, 333-09644, 333-09284, 333-09048, 333-08384, 333-07361, 333-07136,
333-14240, 33-27506 and 333-100556).
FOR IMMEDIATE RELEASE
Contacts:
Investors: (U.S.) Investors: (Europe) Media:
Jack Howarth Emer Reynolds Sunny Uberoi
Ph: 212-407-5740 Ph: 353-1-709-4000 Ph: 212-994-8206
800-252-3526 00800 28352600 800-252-3526
ELAN CORORATION, PLC ANNOUNCES PHARMA MARKETING LAWSUIT
Dublin, Ireland, January 17, 2003 -- Elan Corporation, plc (NYSE:ELN) ("Elan")
today announced that Pharma Operating Ltd. ("Pharma Operating"), a wholly-owned
subsidiary of Pharma Marketing Ltd., filed a lawsuit in the Supreme Court of the
State of New York against Elan and certain of its subsidiaries in connection
with a risk-sharing arrangement between the parties pursuant to which Pharma
Operating acquired royalty rights to the Sonata(R) product. The lawsuit seeks,
among other things, a court determination that Pharma Operating's approval would
be required in the event of a sale by Elan of its interest in Sonata to a third
party. Elan believes the lawsuit is without merit and intends to vigorously and
expeditiously defend against it.
Elan is focused on the discovery, development, manufacturing, selling and
marketing of novel therapeutic products in neurology, pain management and
autoimmune diseases. Elan shares trade on the New York, London and Dublin Stock
Exchanges.
Elan Corporation, plc Announces Pharma Marketing Lawsuit
Page 2
This news release contains forward-looking statements by Elan, including
statements regarding Pharma Operating's lawsuit against Elan and certain of its
subsidiaries. Those forward-looking statements involve risks and uncertainties
and reflect the company's judgment as of the date of this release. Actual events
or results may differ from the company's expectations, including as a result of
the timing and outcome of the lawsuit and its effect on Elan's Recovery Plan.
Further risks, uncertainties and other matters can be found in Elan's Annual
Report on Form 20-F for the fiscal year ended December 31, 2001, and in its
Reports of Foreign Issuer on Form 6-K. Elan assumes no obligation to update any
forward-looking statements, whether as a result of new information, future
events or otherwise.
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 thereunto duly authorized.
ELAN CORPORATION, plc
By: /s/ William F. Daniel
------------------------------------
William F. Daniel
Company Secretary
Date: January 17, 2003