-----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, TFrj6YVwxdksDHn2JZRgfYT48w+DFITm/ilFsqVz1p27ntNV6nN4+J+OeM0ydcUS fOk7F9QyFPI2zUPbVcCK7w== 0001181431-09-058511.txt : 20091223 0001181431-09-058511.hdr.sgml : 20091223 20091223154644 ACCESSION NUMBER: 0001181431-09-058511 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091218 ITEM INFORMATION: Other Events FILED AS OF DATE: 20091223 DATE AS OF CHANGE: 20091223 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: 091258054 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 rrd260733.htm Prepared By R.R. Donnelley Financial -- Form 8-K
 
UNITED STATES
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):  12/18/2009
 
NMT Medical, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  000-21001
 
Delaware
  
95-4090463
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
27 Wormwood Street, Boston, MA 02210-1625
(Address of principal executive offices, including zip code)
 
617-737-0930
(Registrant’s telephone number, including area code)
 
(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:
[  ]   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))
 

 
Item 8.01.    Other Events
 
(a) Effective December 18, 2009, NMT Medical, Inc. ("NMT") and Lloyd A. Marks ("Marks") entered into a Settlement Agreement (the "Agreement") with W.L. Gore & Associates, Inc ("Gore"). The Agreement settles litigation that NMT and Marks brought against Gore.
The Agreement settles a patent infringement lawsuit alleging that Gore's GORE HELEX Septal Occluder device was infringing U.S. Patent No. 5,108,420 (the "'420 patent"), relating to aperture occlusion devices, to which NMT has an exclusive license.
The Agreement requires that Gore pay NMT $2.75 million prior to noon, on December 31, 2009. The litigation brought by NMT and Marks against Gore has been resolved and is being dismissed with prejudice. The cash payment will be shared equally between NMT and Marks, the inventor of the patent, after reimbursement of NMT's legal fees and expenses.
 

 

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.
 
           
NMT Medical, Inc.
 
 
Date: December 23, 2009
     
By:
 
/s/    Richard E. Davis
               
Richard E. Davis
               
Chief Operating Officer
 
 
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