Current Report Filing (8-k)

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UNITED STATES

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): May 12, 2021

Concert Pharmaceuticals, Inc.

(Exact Name of Registrant as Specified in its Charter)

Delaware

001-36310

20-4839882

(State or Other Jurisdiction of Incorporation)

(Commission File Number)

(IRS Employer Identification No.)

65 Hayden Avenue, Suite 3000N Lexington, Massachusetts			02421
(Address of Principal Executive Offices)			(Zip Code)

Registrant’s telephone number, including area code: [phone]

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class			Trading symbol(s)			Name of each exchange on which registered
Common stock, $0.001 par value per share			CNCE			Nasdaq Global Market

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR 230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR 240.12b-2).

Emerging growth company ☐    

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

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Item 8.01. Other Events.

On May 12, 2021, the Patent Trial and Appeal Board (the “PTAB”) of the U.S. Patent and Trademark Office instituted a post grant review (“PGR”) of U.S. Patent No. 10,561,659 (the “’659 Patent”) owned by Concert Pharmaceuticals, Inc. (the “Company”). Incyte Corporation had originally filed a petition on October 28, 2020 requesting that the PGR be instituted. The ’659 Patent claims methods of treating hair loss, including alopecia areata, with certain doses of CTP-543, the Company’s investigational treatment for alopecia areata. The PTAB is expected to issue a final written decision with respect to the validity of the ’659 Patent within one year of institution of the PGR. The Company intends to vigorously defend the ’659 Patent.

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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 hereunto duly authorized.

 

CONCERT PHARMACEUTICALS, INC.

Date:

May 13, 2021

By:

/s/ Jeffrey A. Munsie

Jeffrey A. Munsie

Chief Legal Officer