-----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, Ou/m/iJaztHnUruQDfAHBddGgfUkhxRmM/Qxg8ISnfmc0CCeMtw6FOxGs9po7BjE axrRzfjxfDNVhGfeui/Ifg== 0000950168-03-001215.txt : 20030407 0000950168-03-001215.hdr.sgml : 20030407 20030407081637 ACCESSION NUMBER: 0000950168-03-001215 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030407 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030407 FILER: COMPANY DATA: COMPANY CONFORMED NAME: RITA MEDICAL SYSTEMS INC CENTRAL INDEX KEY: 0001056421 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 943199149 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-30959 FILM NUMBER: 03640763 BUSINESS ADDRESS: STREET 1: 967 N SHORELINE BLVD CITY: MOUNTAIN VIEW STATE: CA ZIP: 94013 BUSINESS PHONE: 6503858500 MAIL ADDRESS: STREET 1: 967 NORTH SHORELINE BLVD CITY: MOUNTAIN VIEW STATE: CA ZIP: 94043 8-K 1 d8k.htm FORM 8-K FOR 04/07/2003 Form 8-K for 04/07/2003

 


 

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

 

April 7, 2003

Date of Report

(Date of earliest event reported)

 


 

RITA Medical Systems, Inc.

(Exact name of registrant as specified in its charter)

 


 

Delaware

(State or other jurisdiction of incorporation)

 

000-30959

 

94-3199149

(Commission File Number)

 

(I.R.S. Employer Identification No.)

 

967 N. Shoreline Blvd.

Mountain View, CA 94043

(Address of principal executive offices, with zip code)

 

(650) 314-3400

(Registrant’s telephone number, including area code)

 



 

Item 5. Other Events and Required FD Disclosure.

 

On April 7, 2003 RITA Medical Systems, Inc. (the “Company”) announced the settlement of its patent disputes with Boston Scientific Corporation. A copy of the press release dated April 7, 2003 announcing the settlement is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 7. Financial Statements, Pro Forma Financial Information and Exhibits

 

  (a)   Financial Statements: Not Applicable.

 

  (b)   Pro Forma Financial Information: Not Applicable.

 

  (c)   Exhibits:

 

99.1 Press Release of RITA Medical Systems, Inc. dated April 7, 2003.

 

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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.

 

       

RITA Medical Systems, Inc.

 

Date: April 7, 2003

     

By:

 

/s/    DONALD STEWART        


               

Donald Stewart

Chief Financial Officer and Vice President, Finance and Administration (Principal Financial and Accounting Officer)


 

RITA MEDICAL SYSTEMS, INC.

 

INDEX TO EXHIBITS

 

Exhibit Number


  

Description


99.1

  

Press Release of RITA Medical Systems, Inc. dated April 7, 2003.

EX-99.1 3 dex991.htm PRESS RELEASE DATED APRIL 7, 2003 Press Release dated April 7, 2003

Exhibit 99.1

 

RITA MEDICAL SYSTEMS AND BOSTON SCIENTIFIC SETTLE PATENT DISPUTE

 

MOUNTAIN VIEW, CA (April 7, 2003) . . . RITA Medical Systems, Inc. (Nasdaq:RITA) announced today that it had signed a definitive agreement with Boston Scientific Corporation (NYSE:BSX) and its affiliates to settle all outstanding patent disputes involving the two companies. The agreement includes a series of licenses and sub-licenses. Not included in the licenses is RITA’s proprietary temperature control technology.

 

Under the terms of the agreement, RITA will make a one time payment of $2.65 million to the Universities of Kansas and Nebraska, who are the licensors of several of the disputed patents. In addition, RITA agreed to license to Boston Scientific, on a royalty-bearing basis, its infusion technology for future products. Boston Scientific will not market or sell products utilizing the infusion license until 18 months after the date of the agreement.

 

“It is with great pleasure that we put the expense, distraction and uncertainty of our patent dispute with Boston Scientific behind us,” said RITA Medical Systems President and Chief Executive Officer Barry Cheskin. “We look forward to focusing our energies and resources instead on developing the large potential market for radiofrequency ablation of tumors.”

 

Cheskin noted that the total legal expenses associated with the dispute would otherwise have been expected to be around $4-5 million in 2003 alone.

 

About RITA Medical Systems, Inc.

 

RITA Medical Systems develops, manufactures and markets innovative products for patients with solid cancerous or benign tumors. The proprietary RITA system uses radiofrequency energy to heat tissue to a high enough temperature to ablate it or cause cell death. While the Company’s current focus is on liver cancer and metastatic bone cancer, the Company believes that its minimally invasive technology may in the future be applied to other types of tumors, including tumors of the lung, breast, uterus, prostate and kidney. The Company has received regulatory clearance in major markets worldwide, including the United States. In March 2000, RITA became the first radiofrequency ablation company to receive specific FDA clearance for unresectable liver lesions in addition to its previous general FDA clearance for the ablation of soft tissue. In October 2002, RITA again became the first company to receive specific FDA clearance, this time, for the palliation of pain associated with metastatic lesions involving bone. The Company has sold over 45,000 of its disposable devices throughout the world.

 

The statements in this news release related to the Company’s development of the market for radiofrequency ablation of tumors are forward-looking statements involving risks and uncertainties that could cause actual results to differ materially from those in such forward-looking statements. Potential risks and uncertainties could include, but are not limited to, the Company’s dependence on timely market acceptance of the RITA system, the outcome of current patent actions, the Company’s history of operating losses and expectation that it will continue to incur significant operating expenses over the next several years, significant competition in the Company’s industry, alternative therapies which could prove to be superior to the RITA system, the Company’s lack of long-term clinical data, the Company’s inability to protect its intellectual property, potential intellectual property lawsuits, the


company’s dependence on international revenues, the Company’s dependence on third-party distributors including two primary international distributors, the Company’s dependence on third party suppliers and the need to establish reimbursement from payors in the United States and internationally. Further information regarding these and other risks is included in the Company’s filings with the Securities and Exchange Commission.

 

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