UNITED STATES
SECURITIES AND
EXCHANGE COMMISSIONWashington, 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): June 28, 2011 SOMAXON PHARMACEUTICALS,
INC.(Exact name of registrant as
specified in its charter) Delaware
  
  000-51665
  
  20-0161599(State or other Jurisdiction of Incorporation)
  
  (Commission File Number)
  
  (IRS Employer Identification No.) 3570 Carmel Mountain Road,
Suite 100, San Diego, CA
  
  92130(Address of Principal Executive Offices)
  
  (Zip Code) Registrant’s telephone number,
including area code: (858) 876-6500 (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: o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)o Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o Pre-commencement communications pursuant to Rule
14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o Pre-commencement communications pursuant to Rule
13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 8.01 Other Events. On June 28, 2011,
Somaxon Pharmaceuticals, Inc. (“Somaxon”) filed suit in the United
States District Court for the District of Delaware against Mylan
Pharmaceuticals, Inc. and Mylan, Inc. (collectively, “Mylan”). The
lawsuit alleges that Mylan has infringed U.S. Patent No. 7,915,307 (the
“’307 patent”) by filing an Abbreviated New Drug Application
(“ANDA”) seeking approval from the U.S. Food and Drug
Administration (“FDA”) to market generic versions of Silenor®
(doxepin) 3 mg and 6 mg tablets prior to the expiration of this patent.
The ’307 patent is listed in the FDA’s Approved Drug Products with
Therapeutic Equivalence Evaluations, commonly known as the Orange Book. Given the
unpredictability inherent in litigation, Somaxon cannot guarantee the outcome
of this litigation. For
a discussion of risks related to the ANDA filing by Mylan and related
litigation, as well as the ANDA filings by Par Pharmaceutical, Inc., Zydus
Pharmaceuticals USA, Inc. and Actavis Elizabeth LLC and related litigation, see
the discussion of “Intellectual Property” under the
“Business” section of Somaxon’s Annual Report on Form 10-K
for the year ended December 31, 2010 filed by Somaxon with the Securities
and Exchange Commission on March 4, 2011, and the “Risk
Factors” section of Somaxon’s Quarterly Report on Form 10-Q for the
period ended March 31, 2011 filed by Somaxon with the Securities and Exchange
Commission on May 4, 2011, including the risk factor under the heading
“Restrictions on or challenges to our patent rights relating to our
products and limitations on or challenges to our other intellectual property
rights may limit our ability to prevent third parties from competing against
us,” and the Current Reports on Form 8-K filed by Somaxon with the SEC on
May 10, 2011, May 12, 2011, May 17, 2011, May 27, 2011,
June 13, 2011 and June 16, 2011 as well as any updates to such
sections contained in Somaxon’s subsequent public disclosure documents. Somaxon cautions
readers that statements included in this report that are not a description of
historical facts are forward-looking statements. For example, statements
regarding the outcome of litigation are forward-looking statements. The
inclusion of forward-looking statements should not be regarded as a
representation by Somaxon that any of its plans will be achieved. Actual
results may differ materially from those set forth in this report due to the
risks and uncertainties inherent in Somaxon’s business, including,
without limitation, Somaxon’s ability to successfully enforce its
intellectual property rights and defend its patents; the possible introduction
of generic competition of Silenor; the scope, validity and duration of patent
protection to provide exclusivity for Silenor; Somaxon’s ability to raise
sufficient capital to fund its operations, including any patent infringement
litigation, and the impact of any such financing activity on the level of its
stock price; Somaxon’s ability to operate its business without infringing
the intellectual property rights of others; the market potential for insomnia
treatments, and Somaxon’s ability to compete within that market;
inadequate therapeutic efficacy or unexpected adverse side effects relating to
Silenor that could result in recalls or product liability claims; other
difficulties or delays in development, testing, manufacturing and marketing of
Silenor; and other risks detailed in Somaxon’s prior press releases as
well as in its periodic filings with the Securities and Exchange Commission. Readers are
cautioned not to place undue reliance on these forward-looking statements,
which speak only as of the date hereof. All forward-looking statements are
qualified in their entirety by this cautionary statement, and Somaxon
undertakes no obligation to revise or update this report to reflect events or
circumstances after the date hereof. This caution is made under the safe harbor
provisions of Section 21E of the Securities Exchange Act of 1934.  2




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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. SOMAXON
PHARMACEUTICALS, INC. Date: June 28, 2011 By: /s/ Matthew W.
Onaitis
Name:
Matthew W. Onaitis
Title: Senior Vice President and General Counsel   3