Angiotech Pharmaceuticals, Inc. Announces Commencement of Proceedings by Rex Medical LP
VANCOUVER, Nov. 24 /CNW/ - Angiotech Pharmaceuticals, Inc. (NASDAQ: ANPI; TSX: ANP) ("Angiotech" or the "Company") today announced that Rex Medical LP ("Rex") has initiated arbitration and court proceedings against Angiotech Pharmaceuticals, (US), Inc. ("Angiotech US") with respect to the parties' respective rights and obligations under the License, Supply, Marketing and Distribution Agreement between Angiotech US and Rex, dated March 13, 2008 (as amended, the "Agreement").
Subsequent to various business discussions between the parties, Angiotech determined its need to deliver a notice to Rex, which stated Angiotech's determination that in light of the Company's recent and substantially changed business, operating and liquidity conditions, it would not be commercially reasonable for Angiotech to continue with the existing structure of the Agreement. Subsequent to its receipt of said notice, Rex commenced arbitration proceedings in which it alleges that Angiotech wrongfully terminated the Agreement and are seeking monetary damages in excess of $3 million as well as costs, fees and expenses in connection with the arbitration proceeding.
In addition to the arbitration proceedings, Rex has initiated an action in the United States District Court for the Southern District of New York, entitled Rex Medical, LP v. Angiotech Pharmaceuticals (US), Inc., 1:10-cv-08746-CM (the "Federal Injunction Litigation"). The Petition in the Federal Injunction Litigation seeks temporary and preliminary injunctive relief in aid of the arbitration. Over Angiotech's objection, Rex has been granted a temporary restraining order requiring Angiotech to continue performing under the Agreement pending the Court's consideration of Rex's petition for a preliminary injunction in aid of the arbitration. The Court is scheduled to hear arguments on Monday, November 29, 2010 at 10:00 a.m. with respect to a preliminary injunction.
Given the early stages of these proceedings, it is not possible at this time to predict the outcome of the Federal Injunction Litigation or the arbitration. The Company intends to vigorously defend both the Federal Injunction Litigation and the arbitration.
Forward Looking Statements
Statements contained in this press release that are not based on
historical fact, including without limitation statements containing the
words "believes," "may," "plans," "will," "estimates," "continues,"
"anticipates," "intends," "expects" and similar expressions, constitute
"forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and constitute "forward-looking information" within the meaning of
applicable Canadian securities laws. All such statements are made
pursuant to the "safe harbor" provisions of applicable securities
legislation. Forward-looking statements may involve, but are not
limited to, comments with respect to our objectives and priorities for
the remainder of 2010 and beyond, our strategies or future actions, our
targets, expectations for our financial condition and the results of,
or outlook for, our operations, research and development and product
and drug development. Such forward-looking statements involve known and
unknown risks, uncertainties and other factors that may cause the
actual results, events or developments to be materially different from
any future results, events or developments expressed or implied by such
forward-looking statements. Many such known risks, uncertainties and
other factors are taken into account as part of our assumptions
underlying these forward-looking statements and include, among others,
the following: general economic and business conditions in the United
States, Canada and the other regions in which we operate; market
demand; technological changes that could impact our existing products
or our ability to develop and commercialize future products;
competition; existing governmental legislation and regulations and
changes in, or the failure to comply with, governmental legislation and
regulations; availability of financial reimbursement coverage from
governmental and third-party payers for products and related
treatments; adverse results or unexpected delays in pre-clinical and
clinical product development processes; adverse findings related to the
safety and/or efficacy of our products or products sold by our
partners; decisions, and the timing of decisions, made by health
regulatory agencies regarding approval of our technology and products;
the requirement for substantial funding to conduct research and
development, to expand manufacturing and commercialization activities;
and any other factors that may affect our performance. In addition, our
business is subject to certain operating risks that may cause any
results expressed or implied by the forward-looking statements in this
press release to differ materially from our actual results. These
operating risks include: our ability to attract and retain qualified
personnel; our ability to successfully complete pre-clinical and
clinical development of our products; changes in our business strategy
or development plans; our failure to obtain patent protection for
discoveries; loss of patent protection resulting from third-party
challenges to our patents; commercialization limitations imposed by
patents owned or controlled by third parties; our ability to obtain
rights to technology from licensors; liability for patent claims and
other claims asserted against us; our ability to obtain and enforce
timely patent and other intellectual property protection for our
technology and products; the ability to enter into, and to maintain,
corporate alliances relating to the development and commercialization
of our technology and products; market acceptance of our technology and
products; our ability to successfully manufacture, market and sell our
products; the availability of capital to finance our activities; our
ability to restructure and to service our debt obligations; and any
other factors referenced in our other filings with the applicable
Canadian securities regulatory authorities or the Securities and
Exchange Commission ("SEC"). For a more thorough discussion of the
risks associated with our business, see the "Risk Factors" section in
our annual report for the year ended December 31, 2009 filed with the
SEC on Form 10-K, as amended, and our quarterly report for the 3rd
quarter of 2010 filed with the SEC on Form 10-Q.
Given these uncertainties, assumptions and risk factors, investors are cautioned not to place undue reliance on such forward-looking statements. Except as required by law, we disclaim any obligation to update any such factors or to publicly announce the result of any revisions to any of the forward-looking statements contained in this press release to reflect future results, events or developments.
©2010 Angiotech Pharmaceuticals, Inc. All Rights Reserved.
About Angiotech
Angiotech Pharmaceuticals, Inc. is a global specialty pharmaceutical and
medical device company. Angiotech discovers, develops and markets
innovative treatment solutions for diseases or complications associated
with medical device implants, surgical interventions and acute injury.
To find out more about Angiotech (NASDAQ: ANPI, TSX: ANP), please visit
our website at www.angiotech.com.
Rick Smith
Investor Relations and Corporate Communications
Angiotech Pharmaceuticals, Inc.
(604) 221-6933
ir@angio.com