8-K 1 d8k.htm FORM 8-K 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)

 

October 27, 2003

 

MICRO THERAPEUTICS, INC.

(Exact name of registrant as specified in its charter)

 

Delaware    00-06253    33-0569235

(State or other jurisdiction

of incorporation)

   (Commission File Number)   

(IRS Employer

Identification No.)

 

2 Goodyear, Irvine, CA    92618
(Address of principal executive offices)    (Zip Code)

 

Registrant’s telephone number, including area code: (949) 837-3700

 



Item 5. –Other Events

 

On October 27, 2003, Micro Therapeutics, Inc. (“MTI”) issued a press release announcing that a Dutch court has ruled that MTI’s Sapphire embolic coils infringe three patents that are held by the University of California (“UC”) and its licensee, Boston Scientific Corporation (“BSC”).

 

MTI is initiating actions to preserve its ability to sell and market its embolic coils within the EU, prevent possible injunctive actions, and file for appeal. Revenue from MTI’s Sapphire embolic coils in Europe represent between 11% and 13% of total corporate revenues. The Dutch court decision was in conjunction with a legal action initiated by MTI in September 2002 to assert the invalidity of four patents held by the UC and BSC as well as MTI’s non-infringement of such patents. The court ruled that one of the UC/BSC patents, which covers a dual marker band coil delivery catheter, is invalid.

 

The full text of the press release is set forth in Exhibit 99.1 attached hereto and is incorporated herein by reference.

 

Item 7. –Exhibits

 

  (c) Exhibits.

 

Exhibit Number    Description

99.1

   Press Release dated October 27, 2003.


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.

 

           

MICRO THERAPEUTICS, INC.

October 27, 2003

         

/s/ Harold A. Hurwitz

         
               

Harold A. Hurwitz

Assistant Secretary and

Chief Financial Officer


EXHIBIT INDEX

 

Exhibit Number    Description

99.1

   Press Release dated October 27, 2003.