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

 

Date of Report (Date of earliest event reported): March 27, 2018

 

Eagle Pharmaceuticals, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware

 

001-36306

 

20-8179278

(State or other jurisdiction

 

(Commission File Number)

 

(IRS Employer Identification No.)

of incorporation)

 

 

 

 

 

50 Tice Boulevard, Suite 315
Woodcliff Lake, NJ

 

07677

(Address of principal executive offices)

 

(Zip Code)

 

  Registrant’s telephone number, including area code: (201) 326-5300

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

 

Emerging growth company o

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o

 

 

 

 



 

Item 8.01                                                           Other Events.

 

On March 27, 2018, Eagle Pharmaceuticals, Inc., or the Company, issued a press release announcing that the Company’s Eagle Biologics division has been issued a new patent by the United States Patent and Trademark Office.

 

A copy of the press release referenced above is filed as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.

 

Item 9.01              Financial Statements and Exhibits.

 

(d)           Exhibits

 

Exhibit No.

 

Description

99.1

 

Press Release dated March 27, 2018

 

2



 

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.

 

 

Eagle Pharmaceuticals, Inc.

 

 

 

 

 

 

 

Dated: March 27, 2018

 

 

By:

/s/ Scott Tarriff

 

 

Scott Tarriff

 

 

Chief Executive Officer

 

3


Exhibit 99.1

 

 

For Immediate Release

 

Eagle Pharmaceuticals Announces New Patent for Eagle Biologics

 

WOODCLIFF LAKE, N.J., March 27, 2018 — Eagle Pharmaceuticals, Inc. (Nasdaq: EGRX) (“Eagle” or “the Company”) today announced that the Company’s Eagle Biologics division has been issued a new patent by the United States Patent and Trademark Office (USPTO).  Patent number 9,925,263 will expire in March 2036 and is the third one issued in the Eagle Biologics family of patents. The patent is directed to a technology that allows for the formulation of antibodies at high concentration. This technology is intended to allow drug products that would otherwise be administered by high-volume intravenous infusion to be dosed as patient-friendly, subcutaneous injections.

 

“We’re excited to have an additional patent covering Eagle Biologics’ technology that allows us to improve subcutaneous administration of products we have under development,” stated Scott Tarriff, Chief Executive Officer of Eagle Pharmaceuticals.  “In addition to their improved inpatient use, making outpatient administration of these drugs possible may provide benefits to both patients and caregivers, while potentially lowering costs for the healthcare system by reducing hospital visits.  This patent continues to strengthen our overall estate, enhancing the value of the Eagle Biologics portfolio,” he added.

 

About Eagle Pharmaceuticals, Inc.

 

Eagle is a specialty pharmaceutical company focused on developing and commercializing injectable products that address the shortcomings, as identified by physicians, pharmacists and other stakeholders, of existing commercially successful injectable products. Eagle’s strategy is to utilize the FDA’s 505(b)(2) regulatory pathway. Additional information is available on the company’s website at www.eagleus.com.

 

Forward-Looking Statements

 

This press release contains forward-looking information within the meaning of the Private Securities Litigation Reform Act of 1995, as amended and other securities laws. Forward-looking statements are statements that are not historical facts. Words such as “will,” “continue,” “may,” “believe,” “intends,” “anticipate(s),” “plan,” “enables,” “potentially,” “entitles,” and similar expressions are intended to identify forward-looking statements. These statements include statements regarding future events including, but not limited to: Eagle’s ability to defend against third party attempts to design around or invalidate its patents; successful compliance with FDA and other governmental regulations applicable to product approval, manufacturing facilities, products and/or businesses; the ability of Eagle to deliver sustained shareholder value over time; and other factors that are discussed in Eagle’s Annual Report on Form 10-K for the year ended December 31, 2017, and its other filings with the U.S. Securities and Exchange Commission. All of such statements are subject to certain risks and uncertainties, many of which are difficult to predict and generally beyond Eagle’s control, that could cause actual results to differ materially from those expressed in, or implied or projected by, the forward-looking information and statements. Such risks include, but are not limited to whether Eagle’s management and/or board of directors will be effective in managing Eagle’s business and future growth, as well as the other risks described in Eagle’s filings with the U.S. Securities and Exchange Commission. Readers are cautioned not to

 



 

place undue reliance on these forward-looking statements that speak only as of the date hereof, and we do not undertake any obligation to revise and disseminate forward-looking statements to reflect events or circumstances after the date hereof, or to reflect the occurrence of or non-occurrence of any events.

 

Investor Relations for Eagle Pharmaceuticals, Inc.:

Lisa M. Wilson

T: 212-452-2793

E: lwilson@insitecony.com