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.
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.
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Angiotech Pharmaceuticals, Inc.