SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
May 27, 2011 (May 26, 2011)
Date of Report (date of earliest event reported)
TRANSCEPT PHARMACEUTICALS, INC.
(Exact name of Registrant as specified in its charter)
1003 W. Cutting Blvd., Suite #110
Point Richmond, California 94804
(Address of principal executive offices)
(Registrants 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 (see General Instruction A.2. below):
On May 19, 2011, Transcept Pharmaceuticals, Inc. (the Company) received a Notice of Allowance from the United States Patent and Trademark Office (the USPTO) for U.S. Patent Application Serial No. 11/439,874, which contains claims to methods of treating middle-of-the-night awakenings that would cover use of the Companys lead product candidate, Intermezzo® (zolpidem tartrate sublingual tablet). On May 26, 2011, to ensure the USPTO considers all information relevant to patentability, the Company determined to seek continued examination of the pending claims in lieu of permitting the patent to issue. There can be no assurance that this or any of the Companys pending patent applications will result in patents being issued in a timely manner, or at all. Even if patents issue, the claims in such patents may not issue in a form that will be advantageous to the Company.
The use of Intermezzo® is currently covered by U.S. Patent No. 7,658,945, titled Compositions for Delivering Hypnotic Agents Across the Oral Mucosa and Methods of Use Thereof, and U.S. Patent No. 7,682,628, titled Compositions for Delivering Hypnotic Agents Across the Oral Mucosa and Methods of Use Thereof, each of which are scheduled to expire no earlier than February 2025. For more information on the risks associated with the Companys efforts to secure and maintain intellectual property protection for Intermezzo®, please see the Risk Factors section of the Companys Form 10-Q filed with the Securities and Exchange Commission (the SEC) on May 16, 2011.
The information contained herein is intended to be considered in the context of more complete information included in the Companys filings with the SEC and other public announcements that the Company has made and may make from time to time by press release or otherwise. The Company undertakes no duty or obligation to update or revise the information contained in this report, although it may do so from time to time as its management believes is appropriate. Any such updating may be made through the filing of other reports or documents with the SEC, through press releases or through other public disclosures.
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.