Item 8.01 Other Events.

In 2016, Dr. Fredric N. Eshelman filed a defamation lawsuit against Puma Biotechnology, Inc. (the "Company") in the Eastern District of North Carolina (Case No. 7:16-cv-00018-D). After the Court found that the Company's statements about Dr. Eshelman were defamatory per se, on March 15, 2019, a jury found that the Company's defamatory statements were false and had been made with actual malice, and awarded Dr. Eshelman $15.9 million in compensatory damages and $6.5 million in punitive damages. On June 23, 2021, the United States Court of Appeals for the Fourth Circuit affirmed the liability verdict but found the jury's damages award to be excessive and vacated the damages award. Pursuant to a settlement agreement, Dr. Eshelman filed a Notice of Settlement and Stipulation of Voluntary Dismissal with Prejudice on November 7, 2022, and the Company has agreed to pay Dr. Eshelman $16 million. The settlement amount will be paid in two separate payments. The first payment of $8 million will be paid on or before January 31, 2023, and the second payment of $8 million will be paid on or before November 1, 2024. In addition, the settlement agreement provides that each party releases and discharges the other party from any and all claims related to the settled matter.

The Company entered into this settlement agreement solely to eliminate the burden, expense, distraction, and uncertainties of further litigation. The settlement agreement is not, and shall not be construed as, an admission of liability or that the Company engaged in any wrongful, tortious, or unlawful activity.

A copy of the settlement agreement is attached as Exhibit 99.1 hereto and is incorporated herein by reference. The foregoing description of the settlement agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the settlement agreement.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

99.1 Settlement Agreement and Release,

effective as of November 5, 2022, by and

between Puma Biotechnology, Inc. and

Fredric N. Eshelman.
104  Cover Page Interactive Data File
     (formatted as inline XBRL).

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