Shire and Impax Settle Litigation Concerning Supply of Adderall XR
Authorized Generic
PHILADELPHIA, February 8, 2013 /PRNewswire/ --
Shire plc (LSE: SHP, NASDAQ: SHPG), announces that its
subsidiary, Shire LLC, has settled all pending litigation with
Impax Laboratories, Inc. ("Impax") over Shire's supply of an
authorized generic version of Adderall XR. Shire has been
supplying Impax with authorized generic Adderall XR since
October 2009 pursuant to a supply
agreement between the parties.
In November 2010, Impax filed suit
claiming that Shire was in breach of its supply obligations, and
Shire brought a counterclaim against Impax relating to its ordering
practices under the agreement. Under the terms of the
settlement, both Impax's claim and Shire's counterclaim will be
dismissed, and the parties have entered into an amended supply
agreement which will govern the supply of authorized generic
Adderall XR from Shire to Impax until the end of the supply term on
September 30, 2014. Also as
part of the settlement, Shire will make a one-time cash payment to
Impax of $48.0 million, which has
been recorded as a liability at December 31,
2012. In accordance with US GAAP, as this represents a
payment to a customer, the amount has been recorded in the Income
Statement as a reduction in reported ADDERALL XR product sales and
royalties in 2012. The reduction to revenues for the fourth quarter
of 2012 was $8.0 million, with the
balance having been recorded in earlier periods. The above
mentioned charges will not change Shire's updated financial
guidance for 2012 and 2013, as provided on January 8, 2013.
NOTES TO EDITORS
Shire enables people with
life-altering conditions to lead better lives.
Through our deep understanding of patients' needs, we develop
and provide healthcare in the areas of:
- Behavioral Health and Gastro Intestinal conditions
- Rare Diseases
- Regenerative Medicine
as well as other symptomatic conditions treated by specialist
physicians.
We aspire to imagine and lead the future of healthcare, creating
value for patients, physicians, policymakers, payors and our
shareholders.
http://www.shire.com
FORWARD - LOOKING STATEMENTS - "SAFE
HARBOR" STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM
ACT OF 1995
Statements included in this announcement that are not historical
facts are forward-looking statements. Forward-looking statements
involve a number of risks and uncertainties and are subject to
change at any time. In the event such risks or uncertainties
materialize, Shire's results could be materially adversely
affected. The risks and uncertainties include, but are not limited
to, that:
- Shire's products may not be a commercial success;
- revenues from ADDERALL XR are subject to generic erosion;
- the failure to obtain and maintain reimbursement, or an
adequate level of reimbursement, by third-party payors in a timely
manner for Shire's products may impact future revenues and
earnings;
- Shire relies on a single source for manufacture of certain of
its products and a disruption to the supply chain for those
products may result in Shire being unable to continue marketing or
developing a product or may result in Shire being unable to do so
on a commercially viable basis;
- Shire uses third party manufacturers to manufacture many of its
products and is reliant upon third party contractors for certain
goods and services, and any inability of these third party
manufacturers to manufacture products, or any failure of these
third party contractors to provide these goods and services, in
each case in accordance with its respective contractual
obligations, could adversely affect Shire's ability to manage its
manufacturing processes or to operate its business;
- the development, approval and manufacturing of Shire's products
is subject to extensive oversight by various regulatory agencies
and regulatory approvals or interventions associated with changes
to manufacturing sites, ingredients or manufacturing processes
could lead to significant delays, increase in operating costs, lost
product sales, an interruption of research activities or the delay
of new product launches;
- the actions of certain customers could affect Shire 's ability
to sell or market products profitably and fluctuations in buying or
distribution patterns by such customers could adversely impact
Shire's revenues, financial conditions or results of
operations;
- investigations or enforcement action by regulatory authorities
or law enforcement agencies relating to Shire's activities in the
highly regulated markets in which it operates may result in the
distraction of senior management, significant legal costs and the
payment of substantial compensation or fines;
- adverse outcomes in legal matters and other disputes, including
Shire's ability to obtain, maintain, enforce and defend patents and
other intellectual property rights required for its business, could
have a material adverse effect on Shire's revenues, financial
condition or results of operations;
and other risks and uncertainties detailed from time to time in
Shire's filings with the U.S. Securities and Exchange Commission,
including its most recent Annual Report on Form 10-K.
For further information please
contact:
Investor Relations
Eric Rojas
erojas@shire.com
+1-781-482-0999
Sarah Elton-Farr
seltonfarr@shire.com
+44-1256-894157
Media
Jessica Mann (Corporate)
jmann@shire.com
+44-1256-894-280
Gwen Fisher (Specialty
Pharma)
gfisher@shire.com
+1-484-595-9836
SOURCE Shire plc