Shire plc SHPG, announces that its subsidiary, Shire LLC,
has settled all pending litigation with Impax Laboratories, Inc. IPXL
over Shire's supply of an authorized generic version of Adderall XR. Shire
has been supplying Impax with authorized generic Adderall XR since October
2009 pursuant to a supply agreement between the parties.
In November 2010, Impax filed suit claiming that Shire was in breach of its
supply obligations, and Shire brought a counterclaim against Impax relating to
its ordering practices under the agreement. Under the terms of the
settlement, both Impax's claim and Shire's counterclaim will be dismissed, and
the parties have entered into an amended supply agreement which will govern
the supply of authorized generic Adderall XR from Shire to Impax until the end
of the supply term on September 30, 2014. Also as part of the settlement,
Shire will make a one-time cash payment to Impax of $48.0 million, which has
been recorded as a liability at December 31, 2012. In accordance with US
GAAP, as this represents a payment to a customer, the amount has been recorded
in the Income Statement as a reduction in reported ADDERALL XR product sales
and royalties in 2012. The reduction to revenues for the fourth quarter of
2012 was $8.0 million, with the balance having been recorded in earlier
periods. The above mentioned charges will not change Shire's updated
financial guidance for 2012 and 2013, as provided on January 8, 2013.
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