Acerus Reports Acceptance of Part 36 Settlement Offer in Recipharm Litigation
12 Agosto 2021 - 8:30AM
Acerus Pharmaceuticals Corporation (“Acerus” or the “Company”)
(TSX:ASP; OTCQB:ASPCF) today announced that it had accepted a Part
36 settlement offer made by Recipharm Limited (“Recipharm”), a
wholly-owned subsidiary of Recipharm AB.
On June 18, 2020, Acerus announced it had
commenced litigation against Recipharm in the Commercial Court of
London. Acerus alleged that the suspension of Recipharm’s
manufacturing license in August 2018 was a violation of its
contractual obligations and led to a shortage of Estrace® in
Canada. On June 15, 2021, the Company won at a preliminary issue
trial in which Recipharm argued unsuccessfully that Acerus’ claim
for damages was barred by the terms of the companies’ manufacturing
contract. In agreeing with Acerus that its claim for damages was
not barred, the Commercial Court of London directed the matter to
proceed to a full trial. On July 6, 2021, Recipharm made an offer
to settle pursuant to Part 36 of the English Civil Procedure Rules.
On August 3, 2021, Recipharm was granted permission to appeal the
Commercial Court’s decision, with the main proceedings being stayed
pending appeal.
In light of permission to appeal being granted
and, amongst other things, the delay to the proceedings and to
final judgment this will cause, Acerus has accepted the Part 36
Offer and will receive from Recipharm in settlement a payment of
GBP 1.7 million by August 24, 2021. In addition, Acerus will be
entitled to payment of the majority of its costs of the
litigation.
About Acerus Acerus
Pharmaceuticals Corporation is a Canadian-based specialty
pharmaceutical company focused on the commercialization and
development of innovative prescription products that improve
patient experience, with a primary focus in the field of men’s
health. The Company commercializes its products via its own
salesforce in the United States and Canada, and through a global
network of licensed distributors in other territories.
Acerus’ shares trade on TSX under the symbol ASP
and on the OTCQB under the symbol ASPCF. For more information,
visit www.aceruspharma.com and follow us on Twitter and
LinkedIn.
Notice Regarding Forward-Looking
Statements Information in this press release that is not
current or historical factual information may constitute forward
looking information within the meaning of securities laws. Implicit
in this information are assumptions regarding our future
operational results. These assumptions, although considered
reasonable by the company at the time of preparation, may prove to
be incorrect. Readers are cautioned that actual performance of the
company is subject to a number of risks and uncertainties and could
differ materially from what is currently expected as set out above.
For more exhaustive information on these risks and uncertainties
you should refer to our annual information form dated March 10,
2021 which is available at www.sedar.com. Forward-looking
information contained in this press release is based on our current
estimates, expectations and projections, which we believe are
reasonable as of the current date. You should not place undue
importance on forward-looking information and should not rely upon
this information as of any other date. While we may elect to, we
are under no obligation and do not undertake to update this
information at any particular time, whether as a result of new
information, future events or otherwise, except as required by
applicable securities law.
Contacts: Company
Contactir@aceruspharma.com
Chris WittyAcerus Investor Relations (646)
438-9385cwitty@darrowir.com
Acerus Pharmaceuticals (TSX:ASP)
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