8-K 1 a4697261.txt COMPETITIVE TECHNOLOGIES 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) August 5, 2004 COMPETITIVE TECHNOLOGIES, INC. (Exact name of registrant as specified in its charter) Delaware 1-8696 36-2664428 -------- ------ ---------- (State of incorporation) (Commission File) (IRS Employer Number) Identification No.) 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) Page 1 of 3 Item 5. Other Events and Regulation FD Disclosure. On August 5, 2004, the U.S. Court of Appeals for the Federal Circuit denied LabCorp's petition for a rehearing or a rehearing en banc of a June 8, 2004 decision affirming the November 2002 decision in favor of the Company and Metabolite Laboratories, Inc. in the LabCorp litigation. LabCorp's only remaining options now are either to accept the court's decision or appeal the decision to the U.S. Supreme Court. We do not know what course of action LabCorp will choose; however, ultimately we expect that the original decision of the court will continue to be upheld in our favor. We have not received any cash nor have we recorded any revenue related to the damages awarded in this lawsuit. For further information relating to this lawsuit, please refer to the discussion in Note 9 under the heading "Contingencies" in Part I in our Quarterly Report on Form 10-Q for the quarterly period ended April 30, 2004, and under the caption "LabCorp", under "Legal Proceedings" in the Prospectus filed with the Securities and Exchange Commission on May 6, 2004, under Rule 424(b)(3) of the Securities Act of 1933. Item 7. Financial Statements and Exhibits. (c) Exhibits. Exhibit No. Description of Exhibit Page ----------- ---------------------- ---- 99.1 Registrant's press release dated August 5, 2004 3 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: August 6, 2004 /s/ John B. Nano -------------------------- By: John B. Nano President and Chief Executive Officer Page 2 of 3