UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 6-K

 

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16

UNDER THE SECURITIES EXCHANGE ACT OF 1934

 

For the month of August 2019

 

Commission File Number: 001-31995

 

MEDICURE INC.

(Translation of registrant's name into English)

 

2-1250 Waverley Street

Winnipeg, MB Canada R3T 6C6

(Address of principal executive offices)

 

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

 

Form 20-F x Form 40-F o

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): o

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): o

 

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

 

Yes o No x

 

If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 8a72____.

 

 

 

  
 

 


 

EXHIBIT LIST

Exhibit Title
   
99.1 News Release Dated August 21, 2019 - Medicure Announces Settlement of Patent Infringement Action
99.2 Material Change Report dated August 21, 2019

 

 

 

 

  
 

 


 

 

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, thereunto duly authorized.

 

  Medicure Inc.
  (Registrant)
   
     
Date: August 21, 2019 By: /s/ Dr. Albert D. Friesen                           
  Dr. Albert D. Friesen
  Title: President & CEO

 

 



Exhibit 99.1

 

 

Medicure Announces Settlement of Patent Infringement Action

WINNIPEG, Aug. 21, 2019 /CNW/ - Medicure Inc. ("Medicure" or the "Company") (TSXV:MPH, OTC:MCUJF), a cardiovascular pharmaceutical company, today announces that its subsidiary, Medicure International Inc., has settled its ongoing patent infringement action against Gland Pharma Ltd. ("Gland") in the U.S. District Court for the District of New Jersey, which alleged infringement of Medicure's U.S. Patent No. 6,770,660 ("the '660 patent"). As part of the settlement, Gland has acknowledged that the '660 patent is valid, enforceable and infringed. The settlement results in the Company entering into a license agreement with Gland with an anticipated launch date for Gland's generic product of March 1, 2023. The remaining terms of the settlement are confidential.

"We are pleased that we were able to quickly settle this litigation in a cost-effective manner while protecting our AGGRASTAT brand and its intellectual property." stated Dr. Albert Friesen, Chief Executive Officer of the Company and Chair of its Board of Directors.

The Company had filed the patent infringement action against Gland alleging infringement of the '660 patent. The patent infringement action was in response to Gland's filing of an abbreviated new drug application (ANDA) seeking approval from the U.S. Food and Drug Administration ("FDA") to market a generic version of AGGRASTAT® (tirofiban hydrochloride) injection before the expiration of the '660 patent. The '660 patent is listed in the FDA's orange book with an expiry date of May 1, 2023.

AGGRASTAT® is a platelet aggregation inhibitor indicated to reduce the rate of thrombotic cardiovascular events (combined endpoint of death, myocardial infarction, or refractory ischemia/repeat cardiac procedure) in patients with non-ST elevation acute coronary syndrome (NSTE-ACS).

About Medicure

Medicure is a pharmaceutical company focused on the development and commercialization of therapies for the U.S. cardiovascular market. The present focus of the Company is the marketing and distribution of AGGRASTAT® (tirofiban hydrochloride) injection, ZYPITAMAGTM (pitavastatin) tablets and the ReDS™ device in the United States, where they are sold through the Company's U.S. subsidiary, Medicure Pharma Inc. For more information on Medicure please visit www.medicure.com.

To be added to Medicure's e-mail list, please visit: http://medicure.mediaroom.com/alerts

Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

CisionView original content:http://www.prnewswire.com/news-releases/medicure-announces-settlement-of-patent-infringement-action-300905434.html

SOURCE Medicure Inc.

View original content: http://www.newswire.ca/en/releases/archive/August2019/21/c0974.html

%CIK: 0001133519

For further information: James Kinley, Chief Financial Officer, Tel. 888-435-2220, Fax 204-488-9823, E-mail: info@medicure.com, www.medicure.com

CO: Medicure Inc.

CNW 17:00e 21-AUG-19

 



Exhibit 99.2

 

MATERIAL CHANGE REPORT

 

PURSUANT TO SECTION 7.1 OF NATIONAL INSTRUMENT 51-102

 

 

1. Name and Address of Company:
   
  Medicure Inc. (“Medicure” or the “Corporation”)
  2 - 1250 Waverley Street
  Winnipeg, Manitoba R3T 6C6
   
2. Date of Material Change:
   
  August 21, 2019
   
3. News Release:
   
  A press release with respect to the material change described herein was issued on August 21, 2019 and filed on SEDAR.
   
4. Summary of Material Change:
   
  Medicure announced that its subsidiary, Medicure International Inc., has settled its ongoing patent infringement action against Gland Pharma Ltd. (“Gland”) in the U.S. District Court for the District of New Jersey, which alleged infringement of Medicure’s U.S. Patent No. 6,770,660 (“the ’660 patent”). As part of the settlement, Gland has acknowledged that the ‘660 patent is valid, enforceable and infringed. The settlement results in the Company entering into a license agreement with Gland with an anticipated launch date for Gland’s generic product of March 1, 2023. The remaining terms of the settlement are confidential.
   
5. Full Description Of Material Change:
   
  See Attached Schedule “A”.
   
6. Reliance on subsection 7.1(2) of National Instrument 51-102:
   
  Not Applicable.
   
7. Omitted Information:
   
  Not Applicable.
   
8. Executive Officer:
   
  For further information contact James Kinley, Chief Financial Officer of Medicure Inc. (204) 487-7412.

 

Dated at Winnipeg, Manitoba this 21st day of August 2019  
  MEDICURE INC.
  Per: “James Kinley”
  Chief Financial Officer

 

 
 

 

 

SCHEDULE “A”

 

MEDICURE ANNOUNCES SETTLEMENT OF PATENT INFRINGEMENT ACTION

 

WINNIPEG, August 21, 2019 - Medicure Inc. ("Medicure" or the “Company”) (TSXV:MPH, OTC:MCUJF), a cardiovascular pharmaceutical company, today announces that its subsidiary, Medicure International Inc., has settled its ongoing patent infringement action against Gland Pharma Ltd. (“Gland”) in the U.S. District Court for the District of New Jersey, which alleged infringement of Medicure’s U.S. Patent No. 6,770,660 (“the ’660 patent”). As part of the settlement, Gland has acknowledged that the ‘660 patent is valid, enforceable and infringed. The settlement results in the Company entering into a license agreement with Gland with an anticipated launch date for Gland’s generic product of March 1, 2023. The remaining terms of the settlement are confidential.

 

“We are pleased that we were able to quickly settle this litigation in a cost-effective manner while protecting our AGGRASTAT brand and its intellectual property.” stated Dr. Albert Friesen, Chief Executive Officer of the Company and Chair of its Board of Directors.

 

The Company had filed the patent infringement action against Gland alleging infringement of the ’660 patent. The patent infringement action was in response to Gland’s filing of an abbreviated new drug application (ANDA) seeking approval from the U.S. Food and Drug Administration (“FDA”) to market a generic version of AGGRASTAT® (tirofiban hydrochloride) injection before the expiration of the ’660 patent. The ‘660 patent is listed in the FDA’s orange book with an expiry date of May 1, 2023.

 

AGGRASTAT® is a platelet aggregation inhibitor indicated to reduce the rate of thrombotic cardiovascular events (combined endpoint of death, myocardial infarction, or refractory ischemia/repeat cardiac procedure) in patients with non-ST elevation acute coronary syndrome (NSTE-ACS).

 

 

About Medicure

 

Medicure is a pharmaceutical company focused on the development and commercialization of therapies for the U.S. cardiovascular market. The present focus of the Company is the marketing and distribution of AGGRASTAT® (tirofiban hydrochloride) injection, ZYPITAMAGTM (pitavastatin) tablets and the ReDS™ device in the United States, where they are sold through the Company’s U.S. subsidiary, Medicure Pharma Inc. For more information on Medicure please visit www.medicure.com.

 

 

For more information, please contact:

James Kinley

Chief Financial Officer

Tel. 888-435-2220

Fax 204-488-9823

E-mail: info@medicure.com

www.medicure.com        

 

To be added to Medicure’s e-mail list, please visit:
http://medicure.mediaroom.com/alerts

 

 
 

 

 

Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

 

 



This regulatory filing also includes additional resources:
ex991.pdf
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