-----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, IzAaKQ+O9BBu+90lFXwgun1PBgwLYt4i7PzKOHI2dbfyX5G8OMVzcbtsuxxRCTTE IEMtBcXGYrIjng9Bc1foyg== 0000102198-04-000003.txt : 20040212 0000102198-04-000003.hdr.sgml : 20040212 20040212144238 ACCESSION NUMBER: 0000102198-04-000003 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040212 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040212 FILER: COMPANY DATA: COMPANY CONFORMED NAME: COMPETITIVE TECHNOLOGIES INC CENTRAL INDEX KEY: 0000102198 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 362664428 STATE OF INCORPORATION: DE FISCAL YEAR END: 0731 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08696 FILM NUMBER: 04590267 BUSINESS ADDRESS: STREET 1: 1960 BRONSON ROAD STREET 2: BUILDING 1 CITY: FAIRFIELD STATE: CT ZIP: 06824 BUSINESS PHONE: 2032556044 MAIL ADDRESS: STREET 1: 1960 BRONSON ROAD STREET 2: BUILDING 1 CITY: FAIRFIELD STATE: CT ZIP: 06824 FORMER COMPANY: FORMER CONFORMED NAME: UNIVERSITY PATENTS INC DATE OF NAME CHANGE: 19920703 8-K 1 f8k_mtna.txt FORM 8K 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) February 12, 2004 COMPETITIVE TECHNOLOGIES, INC. (Exact name of registrant as specified in its charter) Delaware 1-8696 36-2664428 (State or other (Commission File (IRS Employer jurisdiction Number) Identification No.) of incorporation) 1960 Bronson Road, Fairfield, Connecticut 06824 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (203) 255-6044 Not Applicable (Former Name or Former Address, if Changed Since Last Report) Item 5. Other Events and Regulation FD Disclosure. On February 12, 2004, Competitive Technologies, Inc. (CTT) reported that it had been advised that Wyeth Holdings Corporation (a subsidiary of Wyeth formerly known as American Cyanamid Company) filed an appeal to the United States Supreme Court in the Materna(TM) litigation. (For further information related to this lawsuit, see the discussion of Materna Litigation in Note 8 to CTT's Condensed Financial Statements in its report on Form 10-Q for the quarterly period ended October 31, 2003.) Item 7. Financial Statements and Exhibits. (c) Exhibits. Exhibit No. Description of Exhibit Page 99.1 Registrant's press release dated February 12, 2004 3-4 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. COMPETITIVE TECHNOLOGIES, INC. Registrant Date: February 12, 2004 /s/ John B. Nano By: John B. Nano President and Chief Executive Officer EX-99.1 4 ex99-1.txt PRESS RELEASE WYETH TO SUPREME COURT Exhibit 99.1 For Immediate Release: WYETH APPEALS 10-YEAR OLD MATERNA LITIGATION TO SUPREME COURT Fairfield, CT (February 12, 2004): Competitive Technologies, Inc. (AMEX: CTT) announced that it has been advised that Wyeth (NYSE: WYE) has filed an appeal to the Supreme Court of the United States on the $58.2 million patent infringement judgment for fraud and unjust enrichment against Wyeth, and in favor of CTT's client, the University of Colorado. On November 12, 2003, the US Court of Appeals for the Federal Circuit denied a rehearing/rehearing en banc for this case of the Court's September 3, 2003 affirmation of the August 13, 2002 decision of US Senior District Court Judge John Kane of the US District Court for the District of Colorado. A preliminary opinion issued in July 2000 found that Drs. Robert H. Allen and Paul A. Seligman at the University of Colorado, a CTT client, are the sole inventors of the improved formulation of the prenatal vitamin supplement, and that Wyeth had committed fraud and was unjustly enriched. John B. Nano, President and CEO of CTT said, "We fully anticipate that the highest court in the nation will not hear a case already decided by multiple decisions of the lower courts and will continue to find in favor of the University et al to finally close this litigation which began in 1993 for product sales between 1984 and 1994. Wyeth seems to be unfairly determined to delay the resolution of the case after more than ten years." Mr. Nano continued, "We had expected that in proper use of the judicial process and a sense of fairness to the University, the citizens of Colorado, and the doctors, that Wyeth would not continue to appeal these judgements against their position. SEC filings indicate that Wyeth accrued a litigation reserve of nearly $17 billion over the last several years. According to court filings they are involved in over 25,000 court cases." The litigation involves a prenatal vitamin supplement marketed by Wyeth under the Materna(TM) name. The US District Court for the District of Colorado and the US Court of Appeals for the Federal Circuit found that Wyeth had committed fraud for unjust enrichment. About Competitive Technologies, Inc. Competitive Technologies, established in 1968, is a full service technology transfer and licensing provider focused on the technology needs of its customers and transforming those requirements into commercially viable solutions. CTT is a global leader in identifying, developing and commercializing innovative technologies in life, digital, nano, and physical sciences developed by universities, companies and inventors. The global market for technology transfer services is estimated at $150 billion annually. CTT maximizes the value of intellectual assets for the benefit of its customers, clients and shareholders. Visit CTT's website: http://www.competitivetech.net Statements about the Company's future expectations, including development and regulatory plans, and all other statements in this document other than historical facts are "forward-looking statements" within the meaning of applicable Federal Securities Laws and are not guarantees of future performance. These statements involve risks and uncertainties, including those set forth in Item 1 of the Company's most recent Form 10-K and in CTT's other filings with the SEC, and are subject to change at any time. The Company's actual results could differ materially from these forward-looking statements. The Company undertakes no obligation to update publicly any forward-looking statement. Direct inquiries to: Johnnie D. Johnson, Strategic IR,Inc. E-mail: jdjohnson@strategic-ir.com Tel. (212) 754-6565; Fax (212) 754-4333 E-mail: ctt@competitivetech.net -----END PRIVACY-ENHANCED MESSAGE-----