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):

 

August 29, 2006 (August 28, 2006)

 

Endo Pharmaceuticals Holdings Inc.

__________________________________________

(Exact name of registrant as specified in its charter)

 

 

 

 

 

Delaware

 

001-15989

 

13-4022871

_____________________
(State or other jurisdiction

 

_____________
(Commission

 

______________
(I.R.S. Employer

of incorporation)

 

File Number)

 

Identification No.)

  

 

 

 

 

100 Endo Boulevard, Chadds Ford, PA

 

 

 

19317

_________________________________
(Address of principal executive offices)

 

 

 

___________
(Zip Code)

 

 

 

 

Registrant’s telephone number, including area code

 

(610) 558-9800

Not Applicable

______________________________________________

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:

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



 

 

Item 8.01. Other Events.

 

On August 28, 2006, the Company entered into an agreement with The Purdue Frederick Company and related companies (Purdue Frederick) providing for a complete settlement of Civil Action Nos. 00 Civ. 8029, 01 Civ. 2109, and 01 Civ. 8177 (SHS) (S.D.N.Y.) (Purdue Litigation) concerning the validity and enforceability of U.S. Patent Nos. 5,549,912, 5,508,042 and 5,656,295 relating to OxyContin (the Purdue Patents), as well as the alleged infringement by the Company and its subsidiary, Endo Pharmaceuticals Inc. (EPI), of the Purdue Patents. A copy of the settlement agreement, including all exhibits thereto, and the Company's press release issued on August 28, 2006 regarding this settlement, are attached hereto as Exhibits 99.1 and 99.2, respectively, both of which are hereby incorporated by reference.

 

Item 9.01. Financial Statements and Exhibits.

 

(d)

Exhibits.

 

Exhibit Number

Description

 

99.1

Settlement Agreement, dated as of August 28, 2006, by and among Purdue Pharma L.P., The Purdue Frederick Company Inc. d/b/a/ The Purdue Frederick Company, The P.F. Laboratories, Inc., Euro-Celtique S.A., Endo Pharmaceuticals Inc. and Endo Pharmaceuticals Holdings Inc.

 

 

99.2

Press Release of Endo Pharmaceuticals Holdings Inc. dated August 28, 2006.

 

 

 



 

 

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.

 

ENDO PHARMACEUTICALS HOLDINGS INC.

(Registrant)

 

 

 

By:

/s/ CAROLINE B. MANOGUE

 

 

Name:

Caroline B. Manogue

 

 

Title:

Executive Vice President, Chief Legal Officer & Secretary

 

 

Dated: August 29, 2006

 

 



 

 

INDEX TO EXHIBITS

 

Exhibit No.

Description

 

99.1

Settlement Agreement, dated as of August 28, 2006, by and among Purdue Pharma L.P., The Purdue Frederick Company Inc. d/b/a/ The Purdue Frederick Company, The P.F. Laboratories, Inc., Euro-Celtique S.A., Endo Pharmaceuticals Inc. and Endo Pharmaceuticals Holdings Inc.

 

99.2

Press Release of Endo Pharmaceuticals Holdings Inc. dated August 28, 2006.