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) September 5, 2000
ENZON, INC.
(Exact name of registrant as specified in its charter)
Delaware 0-12957 22-237286
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification)
20 Kingsbridge Road, Piscataway, New Jersey 08854
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (732) 980-4500
N/A
(Former name or former address, if changed since last report)
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Item 5. Other Events
Enzon, Inc. announced that it has filed a lawsuit in Federal Court in New
Jersey against Hoffmann-LaRoche, Inc. and Roche Laboratories, Inc. (Roche) for
infringement of Enzon's new U.S. Patent 6,113,906 (`906), by Roche's "PEGASYS,"
a pegylated alpha interferon-2a product.
This new Enzon patent, which has composition of matter claims directed to
"branched PEG," a unique form of Enzon's high-molecular-weight pegylation
technology, was issued by the U.S. Patent and Trademark Office on September 5,
2000. Foreign patent applications corresponding to this U.S. patent are now
pending.
Enzon's new '906 patent issued from the same family as Enzon's earlier U.S.
Patent 5,643,575, which Enzon is currently asserting against Shearwater
Polymers, Inc. (Shearwater), in federal court in Alabama. In the Alabama case,
Shearwater asserted that the '575 patent is invalid on a number of grounds,
including certain articles authored by Yamasaki and colleagues. The Yamasaki
articles were considered by the U.S. Patent and Trademark Office during
prosecution of the application for Enzon's new '906 patent, which was issued in
spite of these references.
Enzon licenses a different pegylation technology to Schering-Plough
Corporation for use with PEG-INTRON(TM) (peginterferon alfa-2b), which is
currently undergoing FDA review for the treatment of hepatitis C. In May 2000,
Schering-Plough received marketing authorization in the European Union for
PEG-INTRON(TM) for the treatment of hepatitis C. Under Enzon's licensing
agreement with Schering-Plough, Enzon is entitled to royalties on worldwide
sales of PEG-INTRON(TM) and milestone payments.
Certain statements made herein related to patent litigations, potential
government approvals, market potential, commercialization and sales revenues of
medical products and biologics, as well as their therapeutic applications and
outcomes, are forward-looking and are made pursuant to the safe harbor
provisions of the Securities Litigation Reform Act of 1995. Such statements
involve risks and uncertainties, and the ultimate outcome of the matters
described in these statements may differ materially from those set forth in
these statements. In addition, the economic, competitive, governmental
technological and other factors identified in Enzon's filings with the
Securities and Exchange Commission could affect such results.
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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 hereunto duly authorized.
Dated: September 15, 2000
ENZON, INC.
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(Registrant)
By: /s/ Kenneth J. Zuerblis
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Kenneth J. Zuerblis
Vice President,
Finance and Chief Financial Officer
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