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): April 23, 2012
VIROPHARMA INCORPORATED
(Exact Name of Registrant as Specified in its Charter)
| DELAWARE | 0-021699 | 23-2789550 | ||
| (State or Other Jurisdiction of Incorporation or Organization) |
(Commission File Number) |
(I.R.S. Employer Identification Number) | ||
| 730 STOCKTON DRIVE, EXTON, PENNSYLVANIA | 19341 | |||
| (Address of Principal Executive Offices) | (Zip Code) | |||
(610) 458-7300
(Registrant’s Telephone Number, Including Area Code)
Check the appropriate box below if the Form 8-K 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 |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act |
Item 8.01. Other Events.
On April 13, 2012, ViroPharma Incorporated filed a complaint for declaratory and injunctive relief with the United States District Court for the District of Columbia (the “District Court”) against the Food and Drug Administration, Margaret A. Hamburg, M.D., in her official capacity as Commissioner of Food and Drug Administration, the United States Department of Health and Human Services (“HHS”), and Kathleen Sebelius, in her official capacity as Secretary of HHS, (collectively “FDA”). The complaint seeks review under the Administrative Procedure Act of the FDA’s response to ViroPharma’s petition for stay of action and the FDA’s approval of three Abbreviated New Drug Applications for generic versions of ViroPharma’s drug Vancocin® (vancomycin hydrochloride) capsules. Concurrently with the filing of the complaint, ViroPharma filed a motion for a temporary restraining order and/or a preliminary injunction. On April 23, 2012, the District Court denied ViroPharma’s motion. ViroPharma is evaluating potential legal options.
SIGNATURES
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.
| VIROPHARMA INCORPORATED | ||||||
| Date: April 24, 2012 | By: | /s/ J. Peter Wolf | ||||
| J. Peter Wolf | ||||||
| Vice President, General Counsel and Secretary | ||||||