ICN's Motion for Summary Judgment Continued for Six Months / Company Notes Insider Trading Allegations Against Chairman Were Never Claimed David Watt, ICN Offic
10.12.1999, 10:14
COSTA MESA, Calif. (PROTEXT) - ICN Pharmaceuticals, Inc.
(NYSE: ICN) and Milan Panic announced today that they would
proceed expeditiously to conduct discovery in response to a
December 8, 1999, court order continuing for six months their
motion for summary judgement seeking dismissal of the complaint
filed by the Securities and Exchange Commission ("SEC"). The SEC
had sought the continuance arguing that it had not yet had the
opportunity to take discovery in the federal lawsuit.
The Court did not address the merits of the summary judgment
motion, concluding that the motion was premature. The Court
ordered that the summary judgment motion remain pending for six
months or until such time that the parties have conducted
adequate discovery.
ICN attorney Arnold I. Burns stated that, "The SEC conducted
over four years of unilateral and unfettered discovery during its
investigation. Based upon that investigation, we believe that
summary judgment dismissing the case is warranted. While we
cannot imagine what additional discovery the SEC requires in
order to support its case, we will move forward expeditiously
with discovery of our own and seek to have our motion for summary
judgment decided as soon as possible."
The Court did grant the motion to dismiss the SEC's complaint
as against David Watt. It denied, as premature, the motion to
strike from the complaint the SEC's request for a director an
officer bar order against ICN's Chairman, Milan Panic.
Mr. Burns continued, "the SEC's continuing reference to
alleged insider sales by Milan Panic is nothing short of
disingenuous given that it dropped its insider trading
investigation against Mr. Panic, and has not sued him for insider
trading."
Last year, as anticipated by the 1994 press release at issue
in the SEC's suit, the FDA twice approved ribavirin in
combination with another drug therapy as a much heralded
treatment for chronic hepatitis C, and it is now being
successfully marketed. Earlier this year the same treatment was
approved for use in the European Union for the treatment of
hepatitis C. Since its approval tens of thousands of patients
have been treated and ICN has received in excess of $100 million
in royalties.
ICN is a research-based global pharmaceutical company that
manufactures, markets and distributes a broad range of
prescription and non-prescription pharmaceuticals under the ICN
brand name. ICN has operations in North and Latin America,
Western, Central and Eastern Europe, and the Pacific Rim
countries. Additional information is also available on the
Company's website at http://www.icnpharm.com .
The 'Safe Harbor' Statement Under The Private Securities
Litigation Reform Act Of 1995. This press release contains
forward-looking statements that involve risks and uncertainties
including, but not limited to, projections of future sales,
operating income, subsidiary reorganization, regulatory approval
processes, operations in countries with unstable economies, the
progress of FDA reviews, and other risks detailed from time to
time in the Company's Securities and Exchange Commission filings.
ots Original Text Service: ICN Pharmaceuticals, Inc. Internet:
http://www.newsaktuell.de Contact: Ilya Baranikas of ICN
Pharmaceuticals, Inc., 714-545-0100, ext. 2202; or Arnold I.
Burns, Esq., 212-698-3185, or 212-935-1085, for ICN
Pharmaceuticals, Inc. Web site: http://www.icnpharm.com
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