
Company Website:
http://www.rigrodskylong.com
WILMINGTON, Del. -- (Business Wire)
Rigrodsky
& Long, P.A. announces that a complaint has been filed in the
United States District Court for the Eastern District of Pennsylvania on
behalf of all persons or entities that purchased the securities of
ViroPharma Incorporated (“ViroPharma” or the “Company”) (NASDAQ GS: VPHM)
between December 14, 2011 and April 9, 2012, inclusive (the “Class
Period”), alleging violations of the Securities Exchange Act of 1934
against the Company and certain of its officers and directors (the
“Complaint”).
If you purchased shares of ViroPharma during the Class Period, or
purchased shares prior to the Class Period and still hold ViroPharma
stock, and wish to discuss this action or have any questions concerning
this notice or your rights or interests, please contact Timothy
J. MacFall, Esquire or Peter Allocco of Rigrodsky & Long, P.A., 825
East Gate Boulevard, Suite 300, Garden City, NY at (888) 969-4242, by
e-mail to info@rigrodskylong.com,
or at: http://www.rigrodskylong.com/investigations/viropharma-incorporated-vphm.
ViroPharma, a Delaware corporation headquartered in Exton, Pennsylvania,
is a global biotechnology company dedicated to the development and
commercialization of products that address serious diseases, with a
focus on products used by physician specialists or in hospital settings.
The Company’s principal product is Vancocin, an antibiotic which was
approved by the FDA in intravenous form more than half a century ago
under the name Vancomycin. The Complaint alleges that throughout the
Class Period, defendants made materially false and misleading statements
regarding the Company’s business operations, financial condition and
prospects. Specifically, the Complaint alleges that defendants
misrepresented and omitted material facts concerning the market
exclusivity it falsely assumed to possess for Vancocin. As a result of
defendants’ false and misleading statements, the Company’s stock traded
at artificially inflated prices during the Class Period.
According to the Complaint, on December 14, 2011, the Company issued a
press release which announced the “modernization of labeling” for
Vancocin made effective through the FDA approval of a supplemental new
drug application (“sNDA”). As a result of the sNDA approval, the Company
stated that it believed that Vancocin met the requirements for, and thus
had, three years of [market] exclusivity, and that generic Vancomycin
capsules would not be approved during that time. Following the issuance
of this press release, the price for shares of ViroPharma rose $4.21,
closing at $27.80 per share on December 14, 2011.
However, on April 10, 2012, ViroPharma issued a press release announcing
that the FDA had informed the Company that the sNDA approved for
Vancocin on December 14, 2011 would not qualify for three additional
years of exclusivity. The FDA informed the Company that in order for an
sNDA for an old antibiotic such as Vancocin to be eligible for a grant
of exclusivity, it must be a significant new use or indication. Further,
the press release stated that the FDA concurrently announced the
approval of three applications for generic Vancomycin capsules. On this
news, shares of ViroPharma common stock dropped $6.17, closing at $22.44
per share on April 10, 2012.
If you wish to serve as lead plaintiff, you must move the Court no later
than July 17, 2012. A lead plaintiff is a representative party acting on
behalf of other class members in directing the litigation. In order to
be appointed lead plaintiff, the Court must determine that the class
member’s claim is typical of the claims of other class members, and that
the class member will adequately represent the class. Your ability to
share in any recovery is not, however, affected by the decision whether
or not to serve as a lead plaintiff. Any member of the proposed class
may move the court to serve as lead plaintiff through counsel of their
choice, or may choose to do nothing and remain an absent class member.
While Rigrodsky
& Long, P.A. did not file the Complaint in this matter, the
firm, with offices in Wilmington, Delaware and Garden City, New York, regularly
litigates securities class, derivative and direct actions, shareholder
rights litigation and corporate governance litigation, including
claims for breach of fiduciary duty and proxy violations in the Delaware
Court of Chancery and in state and federal courts throughout the United
States.
Attorney advertising. Prior results do not guarantee a similar outcome.

Contacts:
Rigrodsky & Long, P.A.
Timothy J. MacFall, Esquire
Peter
Allocco
888-969-4242
516-683-3516
Fax: 302-654-9430
info@rigrodskylong.com
http://www.rigrodskylong.com
Source: Rigrodsky & Long, P.A.
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