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ZENTIVA S.A. - SCD

Litigations

Release Date: 1/11/2019 11:40:42 AM

IRIS Code: EB96E

 

To:

The Romanian Financial Supervisory Authority

Financial Instruments and Investments Sector

 

The Bucharest Stock Exchange

Regulated Spot Market, Category Standard (Shares)

From:

ZENTIVA S.A. 

 

CURRENT REPORT

pursuant to art. 122 para. (1) of the Law no. 24/2017 on issuers of financial instruments and market operations and art. 234 para. (1) letter l) of the Financial Supervisory Authority Regulation no. 5/2018 on issuers of financial instruments and market operations

 

Report date:

11 January 2019

Name of the issuing entity:

ZENTIVA S.A. (the “Company”)

Registered office:

50 Theodor Pallady Blvd.

3rd District, Bucharest

Romania

Phone/Fax number:

+4021.304.72.00/ +4021.345.40.04

E-mail/Webpage:

www.zentiva.ro 

Registration number with the Bucharest Trade Register and sole registration code:

J40/363/1991

336206

Share Capital:

RON 41,696,115

Number of shares:

416,961,150 shares

Regulated market on which the issued securities are traded:

Bucharest Stock Exchange, Main Segment, Category Standard (Shares)

Important events to be reported:

The Company would like to inform its shareholders and investors that on 10 January 2019 it was cited by the Bucharest Tribunal, 5th Civil Section, Room 101, as defendant, against ELI LILLY and COMPANY, a company with its headquarters located in Indianopolis, Indiana 46285, USA, as claimant (the Claimant”)

The case is the subject of file no. 45087/3/2018 on intellectual property law matters and is pending before the court in the first phase of the proceedings, under the simplified procedure of injunction (in Romanian ordonanta presedintiala).

In the abovementioned proceedings, the Claimant alleges that the Company has infringed on its rights, which are resulting from the national patent no. RO 118374 B1, as extended by the certificate of additional protection no. c2007059, which, according to the Claimant’s arguments, confers upon it an exclusive right to use the chemical compound atomoxitene in pharmaceutical products used for the treatment of attention deficit hyperactivity disorder, until 27 May 2019. Consequently, the Claimant has requested in court an injunction to determine  the Company (i) to cease any act of use, manufacture, sale, offering for sale and / or import, export, distribution, possession for these purposes of ATOMOXETINA ZENTIVA 10 mg, ATOMOXETINA ZENTIVA 18 mg, ATOMOXETINA ZENTIVA 25 mg, ATOMOXETIN ZENTIVA 40 mg, ATOMOXETIN ZENTIVA 60 mg, ATOMOXETINA ZENTIVA 80 mg, ATOMOXETINA ZENTIVA 100 mg and any other medicine containing atomoxetine (the “Products”)in Romania, (ii) to withdraw the selling price of the Products, approved by Order no. 1544 amending and supplementing Annexes no. 1 and 2 of the Order of the Minister of Health no. 1468/2018, (iii) to withdraw the Products from the market, (iv) to refrain from any commercial activity regarding the Products, and (v) to pay the Claimant the relevant trial expenses.

In connection with the matters set out above, the Company would like to express its commitment to pursue all legal measures with a view to protecting and safeguarding its rights and interests, in the best and long-term interest of all the Company’s shareholders and investors. In addition, the Company will bring to the attention of its shareholders and investors updated information in connection with the litigation procedures described above, in accordance with the applicable legal provisions.

Simona Cocos

General Manager

 

 



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