-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RUnaXRPJzv4oc35iSEWiCf9UWgXu+TOLmW8LGFNPQPCi31TD0it6AWz6kLLFfyLT 6uRYP1YQYo6qVAizYbgWog== 0000927016-02-005071.txt : 20021028 0000927016-02-005071.hdr.sgml : 20021028 20021028120340 ACCESSION NUMBER: 0000927016-02-005071 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20021025 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20021028 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NMT MEDICAL INC CENTRAL INDEX KEY: 0001017259 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 954090463 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21001 FILM NUMBER: 02799459 BUSINESS ADDRESS: STREET 1: 27 WORMWOOD STREET CITY: BOSTON STATE: MA ZIP: 02210 BUSINESS PHONE: 6177370930 MAIL ADDRESS: STREET 1: 27 WORMWOOD STREET CITY: BOSTON STATE: MA ZIP: 02210 FORMER COMPANY: FORMER CONFORMED NAME: NITINOL MEDICAL TECHNOLOGIES INC DATE OF NAME CHANGE: 19960619 8-K 1 d8k.txt FORM 8-K DATED 10/25/02 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, 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): October 25, 2002 NMT Medical, Inc. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in charter) Delaware 000-21001 95-4090463 - -------------------------------------------------------------------------------- (State or other juris- (Commission (IRS Employer diction of incorporation) File Number) Identification No.) 27 Wormwood Street, Boston, Massachusetts 02210-1625 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (617) 737-0930 N/A - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report) Item 5. Other Events. ------------ On October 25, 2002, NMT Medical, Inc. (the "Company") issued a press release announcing that the Company received a notification of an award issued in connection with the outstanding arbitration between the Company and Dr. Morris Simon, a former director of the Company. In addition, the Company stated that a decision by the arbitrator on the issue of whether either party is entitled to reimbursement of all or a portion of its legal fees from the other is expected in the next several weeks. The full text of the Company's press release, which includes among other things, a summary of this award, is filed as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. ------------------------------------------------------------------ (c) Exhibits Exhibit No. Description - ----------- ----------- 99.1 Press Release, dated October 25, 2002, announcing the receipt of notification of arbitration award by NMT Medical, Inc. in connection with its outstanding arbitration with Dr. Morris Simon. 2 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. Date: October 25, 2002 NMT Medical, Inc. ----------------- (Registrant) By: /s/ Richard E. Davis --------------------------------- Name: Richard E. Davis Title: Vice President and Chief Financial Officer 3 EXHIBIT INDEX Exhibit No. Description - ----------- ----------- 99.1 Press Release, dated October 25, 2002, announcing the receipt of notification of arbitration award by NMT Medical, Inc. in connection with its outstanding arbitration with Dr. Morris Simon. EX-99.1 3 dex991.txt PRESS RELEASE DATED 10/25/02 Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Richard E. Davis Chief Financial Officer NMT Medical (617) 737-0930 red@nmtmedical.com NMT RECEIVES NOTIFICATION OF FINAL ARBITRATION AWARD BOSTON, Mass., October 25, 2002 - NMT Medical, Inc. (Nasdaq: NMTI), a leader in designing, developing and marketing minimally invasive solutions for the treatment of cardiac sources of stroke, announced today that it received notification of the final award issued in connection with the outstanding arbitration between the Company and Dr. Morris Simon, a former director of NMT. The arbitrator's award determined that: o NMT does not owe Dr. Simon past royalties with respect to NMT's sales of its former Simon Nitinol Filter(R) vena cava filter product o NMT is not in breach of the Technology Purchase Agreement between it and Dr. Simon o NMT will be required to make royalty payments to Dr. Simon in accordance with the terms of the Technology Purchase Agreement in connection with future sales, if any, of its former "Removable Filter" product by C.R. Bard, Inc. On November 5, 2001, NMT sold its assets comprising NMT's vena cava filter business to Bard. The arbitrator has indicated that at a future hearing, he will decide whether either party is entitled to reimbursement of all or a portion of its legal fees from the other. A decision by the arbitrator on this issue is expected in the next several weeks. About NMT Medical, Inc. NMT Medical designs, develops and markets proprietary implant technologies that allow interventional cardiologists to treat cardiac sources of stroke through minimally invasive catheter-based procedures. The Company also serves the pediatric interventional cardiologist with a broad range of cardiac septal repair implants delivered with nonsurgical catheter techniques. For more information about NMT Medical, please visit www.nmtmedical.com. ------------------ (more) This press release contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements -- including statements relating to the impact of the potential reimbursement of legal fees in connection with the arbitration award -- involve known and unknown risks, uncertainties or other factors which may cause actual results, performance or achievements expressed or implied by such forward looking statements. Factors that might cause such a difference include, but are not limited to, those discussed under the heading "Certain Factors That May Affect Future Results" included in the Management's Discussion and Analysis of Financial Condition and Results of Operations in the Company's Annual Report on Form 10-K for the year ended December 31, 2001, as amended, and subsequent filings with the Securities and Exchange Commission. -----END PRIVACY-ENHANCED MESSAGE-----