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): October 18, 2018  

Akorn, Inc.
(Exact Name of Registrant as Specified in Charter)

Louisiana001-3236072-0717400
(State or Other Jurisdiction of Incorporation)(Commission File Number)(I.R.S. Employer Identification Number)

 

1925 W. Field Court, Suite 300, Lake Forest, Illinois 60045
(Address of Principal Executive Offices) (Zip Code)

(847) 279-6100
(Registrant's telephone number, including area code)


(Former name or former address, if changed since last report)

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

 [   ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 [   ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 [   ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 [   ]  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 [   ]

 

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. [   ]

 
 

Item 7.01. Regulation FD Disclosure.

On October 18, 2018, Akorn, Inc. (“Akorn”) issued a press release announcing that it had filed a notice of appeal to the Supreme Court of the State of Delaware from the recent decision of the Delaware Court of Chancery rejecting Akorn’s claims. A copy of the full text of the press release is furnished as Exhibit 99.1 to this report.

The information in this Item 7.01, including exhibit 99.1 attached hereto, shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed to be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits. 

Exhibit No. Description of Exhibit
   
99.1 Press release dated October 18, 2018, issued by Akorn, Inc. entitled “Akorn Appeals Fresenius Kabi Ruling.”


SIGNATURE

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.

 Akorn, Inc.
   
  
Date: October 18, 2018By: /s/ Duane A. Portwood        
  Duane A. Portwood
  Chief Financial Officer
  


Exhibit Index 

Exhibit No. Description of Exhibit
   
99.1 Press release dated October 18, 2018, issued by Akorn, Inc. entitled “Akorn Appeals Fresenius Kabi Ruling.”

EdgarFiling

EXHIBIT 99.1

Akorn Appeals Fresenius Kabi Ruling

LAKE FOREST, Ill., Oct. 18, 2018 (GLOBE NEWSWIRE) -- Akorn, Inc. (Nasdaq: AKRX), a leading specialty generic pharmaceutical company, today announced that the company filed a notice of appeal to the Supreme Court of the State of Delaware from the recent decision of the Delaware Court of Chancery rejecting Akorn’s claims.  Akorn has also filed a motion seeking expedited proceedings in its appeal.

Akorn disagrees with the opinion issued October 1 by the Court of Chancery.

Despite misleading allegations made by Fresenius throughout the trial regarding Akorn’s regulatory compliance practices and activities, Akorn takes data integrity and other U.S. Food and Drug Administration (“FDA”) compliance issues very seriously.  Akorn is focused on working collaboratively with the FDA as Akorn continues to evaluate and improve its practices and procedures to ensure compliance with FDA regulations.

On October 10, Akorn announced it received a new Abbreviated New Drug Application (ANDA) approval from the FDA for Bimatoprost Ophthalmic Solution, 0.03%, which is indicated to treat hypotrichosis of the eyelashes by increasing their growth including length, thickness and darkness.

Details of Akorn’s appellate argument will be available in Akorn’s opening brief, which will be filed on a schedule set by the Supreme Court.

About Akorn

Akorn, Inc. is a specialty generic pharmaceutical company engaged in the development, manufacture and marketing of multisource and branded pharmaceuticals. Akorn has manufacturing facilities located in Decatur, Illinois; Somerset, New Jersey; Amityville, New York; Hettlingen, Switzerland and Paonta Sahib, India that manufacture ophthalmic, injectable and specialty sterile and non-sterile pharmaceuticals. Additional information is available on Akorn’s website at www.akorn.com.

Investors/Media:
(847) 279-6162
Investor.relations@akorn.com