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): December 15,
2010
PDL
BioPharma, Inc.
(Exact
name of Company as specified in its charter)
000-19756
(Commission
File Number)
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Delaware
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94-3023969
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|
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(State
or Other Jurisdiction of
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(I.R.S.
Employer Identification No.)
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|
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Incorporation)
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932
Southwood Boulevard
Incline
Village, Nevada 89451
(Address
of principal executive offices, with zip code)
(775)
832-8500
(Company’s
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the Company under any of the following
provisions:
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
8.01 Other Events.
U.S.
Patent and Trademark Office Terminates Interference No. 105,688 in Favor of PDL
BioPharma, Inc.
On
December 20, 2010, PDL BioPharma, Inc. (the “Company”) issued a press release
announcing that on December 15, 2010, the U.S. Patent and Trademark Office Board
of Patent Appeals and Interferences (the “PTO Board”) terminated its
interference proceeding between certain claims of the Company’s Queen et al.,
U.S. Patent No. 5,585,089 (the “‘089 Patent”) and certain pending claims of
Adair et al., U.S. Application No. 08/846,658 (the “‘658 Application”) in favor
of the Company’s ‘089 Patent. The PTO Board held that the involved claims
in the ‘658 Application are not patentable. UCB Pharma S.A. is the
assignee of the ‘658 Application. The PTO Board’s decision is final
against the pending claims of the ‘658 Application in this interference, but may
be appealed by UCB Pharma S.A. The press release is attached hereto
as Exhibit 99.1 and is incorporated herein by reference.
Item
9.01 Financial Statements and Exhibits.
(d)
Exhibits.
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Exhibit No.
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Description
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99.1
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Press
Release, dated December 20,
2010
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Company has duly
caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
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PDL
BIOPHARMA, INC.
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(Company)
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By:
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/s/ Christopher Stone
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Christopher
Stone
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Vice
President, General Counsel and
Secretary
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Dated: December
20, 2010
EXHIBIT
INDEX
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Exhibit No.
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Description
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99.1
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Press
Release, dated December 20,
2010
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Contacts:
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||
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Cris
Larson
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Jennifer
Williams
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PDL
BioPharma, Inc.
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Cook
Williams Communications, Inc.
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775-832-8505
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360-668-3701
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cris.larson@pdl.com
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jennifer@cwcomm.org
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U.S.
Patent and Trademark Office Terminates Interference Proceeding
in
Favor of PDL BioPharma, Inc.
INCLINE
VILLAGE, NV, December 20, 2010 — PDL BioPharma, Inc. (PDL) (NASDAQ: PDLI) today
announced that on December 15, 2010, the U.S. Patent and Trademark Office (the
PTO) terminated its interference proceeding between certain claims of the
Company’s Queen et al., U.S. Patent No. 5,585,089, (the ‘089 Patent) and certain
pending claims of Adair et al., U.S. Application No. 08/846,658, (the ‘658
Application) in favor of the Company’s ‘089 Patent. The PTO held that
the involved claims in the ‘658 Application, are not patentable. UCB Pharma
S.A. is the assignee of the ‘658 Application.
About
PDL BioPharma
PDL
pioneered the humanization of monoclonal antibodies and, by doing so, enabled
the discovery of a new generation of targeted treatments for cancer and
immunologic diseases. PDL is focused on maximizing the value of its antibody
humanization patents and related assets. The Company receives royalties on sales
of a number of humanized antibody products marketed by leading pharmaceutical
and biotechnology companies today based on patents which expire in late 2014.
For more information, please visit www.pdl.com.
NOTE: PDL
BioPharma and the PDL BioPharma logo are considered trademarks of PDL BioPharma,
Inc.
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