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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
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CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) April 8, 1996
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BIO-TECHNOLOGY GENERAL CORP.
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(Exact name of registrant as specified in its charter)
Delaware 0-15313 13-3033811
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
70 Wood Avenue South, Iselin, New Jersey 08830
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (908) 632-8800
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Not Applicable
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(Former name or former address, if changed since last report)
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ITEM 5. OTHER EVENTS.
On December 1, 1994, Genentech, Inc. ("Genentech") filed a lawsuit against
Bio-Technology General Corp. ("BTG") in the United States District Court for the
District of Delaware alleging that BTG's importation of BTG's human growth
hormone ("hGH") infringed two Genentech process patents. In January 1995, BTG
commenced an action against Genentech in the United States District Court for
the Southern District of New York seeking, among other things, declaratory
judgments as to the non-infringement, invalidity and unenforceability of such
Genentech patents. The Delaware action was consolidated with the New York
action, and in August 1995 the United States District Court for the Southern
District of New York granted a preliminary injunction prohibiting the commercial
introduction in the United States of BTG's hGH.
BTG appealed to the United States Court of Appeals for the Federal Circuit
and, on April 8, 1996, that court affirmed the preliminary injunction obtained
by Genentech prohibiting the commercial introduction of BTG's hGH in the United
States, finding that Genentech had established before the District Court a
reasonable likelihood of success on the merits of its patent infringement claim.
The case now returns to the Federal District Court in New York for further
proceedings and trial.
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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.
BIO-TECHNOLOGY GENERAL CORP.
Date: April 9, 1996 By /s/ SIM FASS
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Sim Fass
President and Chief
Executive Officer
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