SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
SCHEDULE
13D
[Rule
13d-101]
INFORMATION
TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO
§240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO
§240.13d-2(a)
(Amendment
No. 11 and Amendment No. 13)*
|
QUESTCOR
PHARMACEUTICALS INC.
|
|
(Name
of Issuer)
|
|
Common
Stock
|
|
(Title
of Class of Securities)
|
|
232808105
|
|
(CUSIP
Number)
|
|
Joseph
J. Giunta, Esq.
|
|
Skadden,
Arps, Slate, Meagher & Flom LLP
|
|
300
South Grand Avenue
|
|
Los
Angeles, CA 90071
|
|
(213)
687-5000
|
|
(Name,
Address and Telephone Number of Person Authorized to Receive Notices
and
Communications)
|
|
December
20, 2006
|
|
(Date
of Event Which Requires Filing of this Statement)
|
If
the filing person has previously
filed a statement on Schedule 13G to report the acquisition that is the subject
of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e),
240.13d-1(f) or 240.13d-(1)(g), check the following box £.
*The
remainder of this cover page shall
be filled out for a reporting person’s initial filing on this form with respect
to the subject class of securities, and for any subsequent amendment containing
information which would alter disclosures provided in a prior cover
page.
The
information required on the
remainder of this cover page shall not be deemed to be "filed" for the purpose
of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise
subject to the liabilities of that section of the Act but shall be subject
to
all other provisions of the Act (however, see the
Notes).
| CUSIP No.232808105 |
13D
|
Page
2 of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Claudio
Cavazza
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Italy
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
1,756,781
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
4,701,445
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
1,756,781
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
4,701,445
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
6,458,226
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
9.32%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
IN
|
||||
| CUSIP No.232808105 |
13D
|
Page 3
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Paolo
Cavazza
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Italy
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
7,797,327
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
7,797,327
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
7,797,327
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
11.25%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
IN
|
||||
| CUSIP No.232808105 |
13D
|
Page 4
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Sigma-Tau
Finanziaria SpA
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Italy
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
0
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
0
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
0
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
0%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 5
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Sigma-Tau
International S.A.
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Luxembourg
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
0
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
0
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
0
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
0%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 6
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Defiante
Farmaceutica L.D.A.
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Portugal
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
0
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
0
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
0
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
0%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 7
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Aptafin
S.p.A.
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Italy
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
7,797,327
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
7,797,327
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
7,797,327
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
11.25%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 8
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Chaumiere
– Consultadoria & Servicos SDC Unipessoal LDA
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
|
||||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Portugal
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
7,248,227
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
7,248,227
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
7,248,227
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
10.46%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 9
of 22 Pages
|
|
1
|
NAMES
OF REPORTING PERSONS
|
|||
|
Inverlochy
Consultadoria & Servicos L.D.A.
|
||||
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a)
£
|
||
|
(b)
£
|
||||
|
3
|
SEC
USE ONLY
|
|||
|
4
|
SOURCE
OF FUNDS
|
|||
|
5
|
CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
|
|||
|
PURSUANT
TO ITEM 2(d) OR 2(e)
|
£
|
|||
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
|
|||
|
Portugal
|
||||
|
7
|
SOLE
VOTING POWER
|
|||
|
NUMBER
OF
|
0
|
|||
|
SHARES
|
||||
|
BENEFICIALLY
|
8
|
SHARED
VOTING POWER
|
||
|
OWNED
BY
|
4,701,445
|
|||
|
EACH
|
||||
|
REPORTING
|
9
|
SOLE
DISPOSITIVE POWER
|
||
|
PERSON
WITH
|
0
|
|||
|
10
|
SHARED
DISPOSITIVE POWER
|
|||
|
4,701,445
|
||||
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
|
|||
|
4,701,445
|
||||
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
|
|||
|
CERTAIN
SHARES
|
£
|
|||
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
|
|||
|
6.78%
|
||||
|
14
|
TYPE
OF REPORTING PERSON
|
|||
|
CO
|
||||
| CUSIP No.232808105 |
13D
|
Page 10
of 22 Pages
|
Amendment
No. 11 and
Amendment
No. 13 to
Statement
on Schedule 13D
This
Amendment No. 11 (the “Amendment No. 11”) amends the Statement on Schedule 13D
filed with the Securities and Exchange Commission (“SEC”) on March 25, 2002 (the
“Sigma/Defiante Schedule 13D”), as amended, relating to shares of the common
stock, no par value (the “Common Stock”), of Questcor Pharmaceuticals, Inc., a
California corporation (“Questcor”). This Amendment No. 13 (the
“Amendment No. 13” and, together with the Amendment No. 11, this “Statement”)
amends the Statement on Schedule 13D, filed with the SEC on August 7, 2001
(the
“Cavazza/Sigma Schedule 13D” and, together with the Sigma/Defiante Schedule 13D,
the “Schedule 13Ds”), as amended, relating to the shares of Common
Stock. Pursuant to Rule 13d-2 of Regulation 13D-G promulgated under
the Securities Exchange Act of 1934, as amended (the “Act”), this Amendment No.
11 is being filed on behalf of Sigma Tau Finanziaria SpA, an Italian corporation
(“Sigma Tau”) and Defiante Farmaceutica L.D.A., a Portuguese corporation
(“Defiante”) (formerly known as Defiante Farmaceutica Unipessoal L.D.A.), and
this Amendment No. 13 is being filed on behalf of Sigma-Tau International S.A.,
a Luxembourg corporation (“Sigma Tau International”) (formerly known as
Sigma-Tau Finance Holding S.A.), Aptafin S.p.A., an Italian corporation
(“Aptafin”), Chaumiere - Consultadoria & Servicos SDC Unipessoal LDA, a
Portuguese corporation (“Chaumiere”), Inverlochy Consultadoria & Servicos
L.D.A., a Portuguese corporation (“Inverlochy”), Mr. Claudio Cavazza (“Mr. C.
Cavazza”) and Mr. Paolo Cavazza (“Mr. P. Cavazza” and, together with Mr. C.
Cavazza, Sigma Tau International, Aptafin, Chaumiere, Inverlochy, Defiante
and
Sigma Tau, the “Reporting Persons”).
Previously,
the Reporting Persons
affirmed membership in a “group” for purposes of Section 13(d) and 13(g) of the
Act. Effective as of the date of the transactions reported in
Amendment No. 9 to the Sigma/Defiante Schedule 13D and Amendment No. 11 to
the
Cavazza/Sigma Schedule 13D, the Reporting Persons were no longer members of
a
“group.” In addition, effective with the transactions reported in
Amendment No. 9 to the Sigma/Defiante Schedule 13D and Amendment No. 11 to
the
Cavazza/Sigma Schedule 13D, Sigma Tau International, Sigma Tau and Defiante
ceased to beneficially own any shares of Common Stock. As such,
following the filing of this Statement, Sigma Tau International, Sigma Tau
and
Defiante will cease to file reports on Schedule 13D with respect to the Common
Stock.
Item
2. Identity
and Background.
Item
2 of the Schedule 13Ds are hereby
amended by the addition of the following:
As
a result of the transactions reported in Amendment No. 9 to the Sigma/Defiante
Schedule 13D and Amendment No. 11 to the Cavazza/Sigma Schedule 13D, Sigma
Tau
International, Sigma Tau and Defiante will cease to be Reporting Persons
following the filing of this Statement.
Item
5. Interest
in Securities of the Issuer.
Item
5 of the Schedule 13Ds are hereby amended as follows:
(a) Percentage
interest calculations for the Reporting Persons are based upon Questcor having
69,296,099 shares of Common Stock outstanding as of November 1, 2007 (the
“Outstanding Shares”), as reported by Questcor in Questcor’s Form 10-Q filed
with the SEC on November 14, 2007.
Mr.
C. Cavazza
Pursuant
to Rule 13d-3 of the Act, Mr. C. Cavazza may be deemed to be the beneficial
owner of 6,458,226 shares of Common Stock, which constitutes approximately
9.32%
of the Outstanding Shares.
Mr.
P. Cavazza
Pursuant
to Rule 13d-3 of the Act, Mr. P. Cavazza may be deemed to be the beneficial
owner of 7,797,327 shares of Common Stock, which constitutes approximately
11.25% of the Outstanding Shares.
| CUSIP No.232808105 |
13D
|
Page 11
of 22 Pages
|
Sigma
Tau International
Effective
with the transactions reported in Amendment No. 9 to the Sigma/Defiante Schedule
13D and Amendment No. 11 to the Cavazza/Sigma Schedule 13D, Sigma Tau
International ceased to beneficially own any shares of Common Stock pursuant
to
Rule 13d-3 of the Act.
Sigma
Tau
Effective
with the transactions reported in Amendment No. 9 to the Sigma/Defiante Schedule
13D and Amendment No. 11 to the Cavazza/Sigma Schedule 13D, Sigma Tau ceased
to
beneficially own any shares of Common Stock pursuant to Rule 13d-3 of the
Act.
Defiante
Effective
with the transactions reported in Amendment No. 9 to the Sigma/Defiante Schedule
13D and Amendment No. 11 to the Cavazza/Sigma Schedule 13D, Defiante ceased
to
beneficially own any shares of Common Stock pursuant to Rule 13d-3 of the
Act.
Aptafin
Pursuant
to Rule 13d-3 of the Act, Aptafin may be deemed to be the beneficial owner
of
7,797,327 shares of Common Stock, which constitutes approximately 11.25% of
the
Outstanding Shares.
Chaumiere
Pursuant
to Rule 13d-3 of the Act, Chaumiere may be deemed to be the beneficial owner
of
7,248,227 shares of Common Stock, which constitutes approximately 10.46% of
the
Outstanding Shares.
Inverlochy
Pursuant
to Rule 13d-3 of the Act, Inverlochy may be deemed to be the beneficial owner
of
4,701,445 shares of Common Stock, which constitutes approximately 6.78% of
the
Outstanding Shares.
Except
as set forth above, none of the Reporting Persons nor any of the persons listed
on Schedule A beneficially owns any other shares of Common Stock.
(b) Mr.
C. Cavazza
The
number of shares of Common Stock as to which Mr. C. Cavazza has the sole power
to vote or direct the vote is 1,756,781. The number of shares of
Common Stock as to which Mr. C. Cavazza shares the power to vote or direct
the
vote is 4,701,445. The number of shares of Common Stock as to which
Mr. C. Cavazza has the sole power to dispose or direct the disposition is
1,756,781. The number of shares of Common Stock as to which Mr. C.
Cavazza shares the power to dispose or direct the disposition is
4,701,445.
Mr.
P. Cavazza
The
number of shares of Common Stock as to which Mr. P. Cavazza has the sole power
to vote or direct the vote is zero. The number of shares of Common
Stock as to which Mr. P. Cavazza shares the power to vote or direct the vote
is
7,797,327. The number of shares of Common Stock as to which Mr. P.
Cavazza has the sole power to dispose or direct the disposition is
zero. The number of shares of Common Stock as to which Mr. P. Cavazza
shares the power to dispose or direct the disposition is 7,797,327.
| CUSIP No.232808105 |
13D
|
Page
12 of 22 Pages
|
Sigma
Tau International
The
number of shares of Common Stock as to which Sigma Tau International has the
sole power to vote or direct the vote is zero. The number of shares
of Common Stock as to which Sigma Tau International shares the power to vote
or
direct the vote is zero. The number of shares of Common Stock as to
which Sigma Tau International has the sole power to dispose or direct the
disposition is zero. The number of shares of Common Stock as to which
Sigma Tau International shares the power to dispose or direct the disposition
is
zero.
Sigma
Tau
The
number of shares of Common Stock as to which Sigma Tau has the sole power to
vote or direct the vote is zero. The number of shares of Common Stock
as to which Sigma Tau shares the power to vote or direct the vote is
zero. The number of shares of Common Stock as to which Sigma Tau has
the sole power to dispose or direct the disposition is zero. The
number of shares of Common Stock as to which Sigma Tau shares the power to
dispose or direct the disposition is zero.
Defiante
The
number of shares of Common Stock as to which Defiante has the sole power to
vote
or direct the vote is zero. The number of shares of Common Stock as
to which Defiante shares the power to vote or direct the vote is
zero. The number of shares of Common Stock as to which Defiante has
the sole power to dispose or direct the disposition is zero. The
number of shares of Common Stock as to which Defiante shares the power to
dispose or direct the disposition is zero.
Aptafin
The
number of shares of Common Stock as to which Aptafin has the sole power to
vote
or direct the vote is zero. The number of shares of Common Stock as
to which Aptafin shares the power to vote or direct the vote is
7,797,327. The number of shares of Common Stock as to which Aptafin
has the sole power to dispose or direct the disposition is zero. The
number of shares of Common Stock as to which Aptafin shares the power to dispose
or direct the disposition is 7,797,327.
Chaumiere
The
number of shares of Common Stock as to which Chaumiere has the sole power to
vote or direct the vote is zero. The number of shares of Common Stock
as to which Chaumiere shares the power to vote or direct the vote is
7,248,227. The number of shares of Common Stock as to which Chaumiere
has the sole power to dispose or direct the disposition is zero. The
number of shares of Common Stock as to which Chaumiere shares the power to
dispose or direct the disposition is 7,248,227.
Inverlochy
The
number of shares of Common Stock as to which Inverlochy has the sole power
to
vote or direct the vote is zero. The number of shares of Common Stock
as to which Inverlochy shares the power to vote or direct the vote is
4,701,445. The number of shares of Common Stock as to which
Inverlochy has the sole power to dispose or direct the disposition is
zero. The number of shares of Common Stock as to which Inverlochy
shares the power to dispose or direct the disposition is 4,701,445.
(e) On
December 20, 2006, Sigma Tau International, Sigma Tau and Defiante ceased to
be
the beneficial owner of more than five percent of the Common Stock.
|
Item
7.
|
Material
to be Filed as Exhibits.
|
Item
7 of the Schedule 13Ds are hereby amended to add the following:
EXHIBIT
15– Joint Filing Agreement dated December 21, 2006 by and between the
Reporting Persons (incorporated by reference to Exhibit 7 to the Schedule
13Ds).
| CUSIP No.232808105 |
13D
|
Page 13
of 22 Pages
|
EXHIBIT
16 – Power of Attorney dated December 21, 2006 by Inverlochy
(incorporated by reference to Exhibit 8 to the Schedule 13Ds).
EXHIBIT
17 – Power of Attorney dated April 15, 2005 by Chaumiere –
Consultadoria & Servicos SDC Unipessoal LDA (incorporated by reference to
Exhibit 2 to the Schedule 13Ds).
EXHIBIT
18 – Power of Attorney dated April 8, 2003 by and between Claudio
Cavazza, Paolo Cavazza, Sigma-Tau International S.A., Sigma-Tau Finanziaria
SpA,
Defiante Farmaceutica L.D.A. and Aptafin S.p.A. (incorporated by reference
to
Exhibit 1 of Form 4, filed with the SEC on May 9, 2003, relating to the shares
of Common Stock)
| CUSIP No.232808105 |
13D
|
Page 14
of 22 Pages
|
Signatures
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Claudio Cavazza
is
true, complete and correct.
Dated: December
4, 2007
|
CLAUDIO
CAVAZZA
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Claudio
Cavazza
|
|||
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Paolo Cavazza is
true, complete and correct.
Dated: December
4, 2007
|
PAOLO
CAVAZZA
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Paolo
Cavazza
|
|||
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Sigma-Tau
Finanziaria SpA is true, complete and correct.
Dated: December
4, 2007
|
SIGMA-TAU
FINANZIARIA SPA
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Sigma-Tau
Finanziari SpA
|
|||
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Sigma-Tau
International S.A. is true, complete and correct.
Dated: December
4, 2007
|
SIGMA-TAU
INTERNATIONAL S.A.
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Sigma-Tau
International S.A.
|
|||
| CUSIP No.232808105 |
13D
|
Page 15
of 22 Pages
|
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Defiante
Farmaceutica L.D.A. is true, complete and correct.
Dated: December
4, 2007
|
DEFIANTE
FARMACEUTICA L.D.A.
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Defiante
Farmaceutica L.D.A.
|
|||
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Aptafin S.p.A.
is
true, complete and correct.
Dated: December
4, 2007
|
APTAFIN
S.P.A.
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for
|
|||
|
Aptafin
S.p.A.
|
|||
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Chaumiere -
Consultadoria & Servicos SDC Unipessoal LDA is true, complete and
correct.
Dated: December
4, 2007
|
CHAUMIERE
- CONSULTADORIA & SERVICOS SDC UNIPESSOAL LDA
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for Chaumiere - Consultadoria & Servicos SDC
Unipessoal LDA
|
|||
| CUSIP No.232808105 |
13D
|
Page 16
of 22 Pages
|
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement with respect to Inverlochy
Consultadoria & Servicos L.D.A. is true, complete and correct.
Dated: December
4, 2007
|
INVERLOCHY
CONSULTADORIA & SERVICOS L.D.A.
|
|||
|
By:
|
/s/
Antonio Nicolai
|
||
|
Antonio
Nicolai, Attorney-in-fact for Inverlochy Consultadoria & Servicos
L.D.A.
|
|||
The
original statement shall be signed by each person on whose behalf the statement
is filed or his authorized representative. If the statement is signed
on behalf of a person by his authorized representative (other than an executive
officer or general partner of the filing person), evidence of the
representative’s authority to sign on behalf of such person shall be filed with
the statement, provided, however, that a power of attorney for
this purpose which is already on file with the Commission may be incorporated
by
reference. The name of any title of each person who signs the
statement shall be typed or printed beneath his signature.
Attention: Intentional
misstatements or omissions of fact constitute Federal criminal violations
(see 18 U.S.C. 1001).
| CUSIP No.232808105 |
13D
|
Page 17
of 22 Pages
|
Schedule
A
EXECUTIVE
OFFICERS AND DIRECTORS
Sigma
Tau Finanziaria SpA
|
NAME
|
ADDRESS
|
TITLE
|
CITIZENSHIP
|
|
Claudio
Cavazza
|
via
Pontina Km. 30,400,
00040
Pomezia (Rome) Italy
|
President
|
Italian
|
|
Ugo
Di Francesco
|
via
Sudafrica,20,
00144
Rome Italy-
|
Vice
President and Chief
Executive Officer |
Italian
|
|
Antonio
Nicolai
|
via
Sudafrica,20,
00144
Rome Italy
|
Managing
Director
|
Italian
|
|
Mauro
Bove
|
via
Sudafrica,20,
00144
Rome Italy
|
Managing
Director
|
Italian
|
|
Stefano
Marino
|
via
Pontina Km. 30,400
00040
Pomezia (Rome) Italy
|
Managing
Director
|
Italian
|
|
Trevor
M. Jones CBA
|
Woodhyrst
House
18
Friths Drive
REIGATE
Surrey
Great
Britain
|
Director
|
British
|
|
Emilio
Platè
|
via
Pontina Km. 30,400
00040
Pomezia (Rome) Italy
|
Director
|
Italian
|
|
Mario
Artali
|
via
Sudafrica,20,
00144
Rome Italy
|
Director
|
Italian
|
|
Enrico
Cavazza
|
via
Pontina Km. 30,400
00040
Pomezia (Rome) Italy
|
Director
|
Italian
|
|
Marco
Cerrina Feroni
|
Piazza
Paolo Ferrari 10
20121
Milano, Italy
|
Director
|
Italian
|
| CUSIP No.232808105 |
13D
|
Page 18
of 22 Pages
|
Schedule
A
EXECUTIVE
OFFICERS AND DIRECTORS
Sigma-Tau
International S.A.
|
NAME
|
ADDRESS
|
TITLE
|
CITIZENSHIP
|
|
Ugo
Di Francesco
|
via
Sudafrica,20,
00144
Rome Italy-
|
President
|
Italian
|
|
Jonathan
Lepage
|
Bd.
Du Prince Henri 19-21
L-1724
Luxembourg
|
Director
|
Belgian
|
|
Luca
Checchinato
|
Bd.
Du Prince Henri 19-21
L-1724
Luxembourg
|
Director
|
Italian
|
|
Antonio
Nicolai
|
via
Sudafrica,20,
00144
Rome Italy
|
Director
|
Italian
|
|
Mauro
Bove
|
via
Sudafrica,20,
00144Rome
Italy
|
Director
|
Italian
|
|
Gustave
Stoffel
|
18
Avenue De La Porte Neuve
L-2227
Luxembourg
|
Director
|
Luxembourg
|
|
Dominique
Audia
|
Bd.
Du Prince Henri 19-21
L-1724
Luxembourg
|
Director
|
French
|
| CUSIP No.232808105 |
13D
|
Page 19
of 22 Pages
|
Schedule
A
EXECUTIVE
OFFICERS AND DIRECTORS
Defiante
Farmaceutica L.D.A.
|
NAME
|
ADDRESS
|
TITLE
|
CITIZENSHIP
|
|
Antonio
Nicolai
|
via
Sudafrica,20,
00144
Rome Italy
|
Director
|
Italian
|
|
Raffaele
Sanguigni
|
Via
Pontina Km. 30.400 – 00040 Pomezia
(Rome) Italy |
Director
|
Italian
|
|
Paulo
Alexandre da Mota Viegas
|
Rua
dos Tanoeiros, 12º - 2º e 3º - Funchal - Madeira -
Portugal 9000 |
Director
|
Portuguese
|
|
Pedro
Moreira da Cruz Quintas
|
Rua
dos Ferreiros, 260 - Funchal - Madeira -
ortugal 9000-082 |
Director
|
Portuguese
|
|
Carla
Emanuel Arruda Jardim Fernandes
|
Rua
dos Ferreiros, 260 - Funchal - Madeira -
Portugal 9000-082 |
Director
|
Portuguese
|
| CUSIP No.232808105 |
13D
|
Page
20 of 22 Pages
|
Schedule
A
EXECUTIVE
OFFICERS AND DIRECTORS
Aptafin
S.p.A.
|
NAME
|
ADDRESS
|
TITLE
|
CITIZENSHIP
|
|
Cristina
Cavazza
|
Viale
Shakespeare, 47
00144
Rome Italy
|
President
|
Italian
|
|
Maurizio
Terenzi
|
via
Sudafrica,20,
00144
Rome Italy-
|
Managing
Director
|
Italian
|
|
Antonio
Nicolai
|
via
Sudafrica,20,
00144
Rome Italy-
|
Director
|
Italian
|
|
Emanuela
Cavazza
|
Viale
Shakespeare 47
00144
Rome Italy-
|
Director
|
Italian
|
| CUSIP No.232808105 |
13D
|
Page
21 of 22 Pages
|
Schedule
A
EXECUTIVE
OFFICERS AND DIRECTORS
Inverlochy
Consultadoria & Servicos L.D.A.
|
NAME
|
ADDRESS
|
TITLE
|
CITIZENSHIP
|
|
Roberto
Carlos de
Castro
Abreu
|
Avenida
da República, 32, 4.º
Esquerdo, 1050-193 Lisboa, Portugal |
Director
|
Portuguese
|
|
João
Josè de Freitas
Rodrigues
|
Avenida
da República, 32, 4.º
Esquerdo, 1050-193 Lisboa, Portugal |
Director
|
Portuguese
|
CUSIP No.232808105
1050-193 Lisboa,
Portugal
Esquerdo, 1050-193 Lisboa,
Portugal