Unassociated Document
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 October, 2008.
Commission
File Number 000-51341
Gentium
S.p.A.
(Translation
of registrant’s name into English)
Piazza
XX
Settembre 2, 22079 Villa Guardia (Como), Italy
(Address
of principal executive office)
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
S
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
Note:
Regulation S-T Rule 101(b)(1) only permits the submission in paper of a Form
6-K
if submitted solely to provide an attached annual report to security
holders.
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
Note:
Regulation
S-T Rule 101(b)(7) only permits the submission in paper of a Form 6-K if
submitted to furnish a report or other document that the registrant foreign
private issuer must furnish and make public under the laws of the jurisdiction
in which the registrant is incorporated, domiciled or legally organized (the
registrant’s “home country”), or under the rules of the home country exchange on
which the registrant’s securities are traded, as long as the report or other
document is not a press release, is not required to be and has not been
distributed to the registrant’s security holders, and, if discussing a material
event, has already been the subject of a Form 6-K submission or other Commission
filing on EDGAR.
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 S
If
“Yes”
is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
82-_______________.
The
Registrant's press release relating to the end of recent litigation is attached
hereto as Exhibit 1 and incorporated by reference herein in its entirety. This
report and the exhibit attached thereto are incorporated by reference into
the
registration statements of Gentium S.p.A. on Forms F-3: File No. 333-135622,
File No. 333-137551, File No. 333-138202, File No. 333-139422 and File No.
333-141198.
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Exhibit
|
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Description
|
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1
|
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Press
release, dated October 2,
2008.
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SIGNATURE
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.
| |
GENTIUM
S.P.A. |
| |
|
|
| |
|
|
| |
By:
|
/s/
Gary G. Gemignani
|
| |
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Name:
Gary G. Gemignani
|
| |
|
Title: Chief
Financial Officer
|
Date:
October 2, 2008
INDEX
TO EXHIBITS
|
Exhibit
|
|
Description
|
|
1
|
|
Press
release, dated October 2,
2008.
|
Exhibit
1
Gentium
Announces that Italian Court Rejects Plaintiffs’ Claims and Ends Legal
Proceeding
Villa
Guardia (Como), Italy (October 2, 2008) – Gentium S.p.A. (NASDAQ: GENT)
(the
“Company”) today announced that the Court of Como issued a decision terminating
the legal proceeding brought in August against the Company’s Board of Directors
and Board of Statutory Auditors. The proceeding had been commenced by Sigma
Tau
Finanziaria S.p.A. and a related entity in connection with a proposed financing
transaction. In its decision, the Court rejected the claims of these
shareholders in the proceeding, citing the lack of any damages, and vacated
the
interim order previously issued by the Court.
“We
are
of course pleased by the Court’s decision in this case, which swiftly ends the
litigation,” said Dr. Laura Ferro, Chairman and Chief Executive Officer of
Gentium. “We continue to evaluate our financing opportunities and remain
committed to the development of Defibrotide and creation of long-term value
for
all of our shareholders.”
About
Gentium
Gentium,
S.p.A., located in Como, Italy, is a biopharmaceutical company focused on
the
research, discovery and development of drugs to treat and prevent a variety
of
vascular diseases and conditions related to cancer and cancer treatments.
Defibrotide, the Company’s lead product candidate, is an investigational drug
that has been granted Orphan Drug status and Fast Track Designation by the
U.S.
FDA to treat Severe VOD and Orphan Medicinal Product Designation by the European
Commission both to treat and to prevent VOD.
Cautionary
Note Regarding Forward-Looking Statements
This
press release contains “forward-looking statements.” In some cases, you can
identify these statements by forward-looking words such as “may,” “might,”
“will,” “should,” “expect,” “plan,” “anticipate,” “believe,” “estimate,”
“predict,” “potential” or “continue,” the negative of these terms and other
comparable terminology. These statements are not historical facts but instead
represent the Company’s belief regarding future results, many of which, by their
nature, are inherently uncertain and outside the Company’s control. It is
possible that actual results, including the availability or terms of any
financing, may differ materially from those anticipated in these forward-looking
statements. For a discussion of some of the risks and important factors that
could affect future results, see the discussion in our Form 20-F for the
year
ended December 31, 2007 under the caption “Risk Factors.”
Source:
Gentium
Contacts:
Gentium
S.p.A.
Gary
Gemignani, +1 212-332-1666
Chief
Financial Officer
ggemignani@gentium.com
The
Trout
Group
Laura
Okpala, +1 617-583-1306
Investor
Relations (US)
lokpala@troutgroup.com
Lifonti
& Company
Luca
Ricci Maccarini, +39 02 7788871
Investor
Relations (Italy)
luca.maccarini@lifonti.it