-----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, BqG1KxULrFUxRXzWo8ItYIKGu5GgtRapouA01Vq/8bNb2n18/keNKuBaOs3oSAUQ 0uemtZD3o/IDerWqINbBUA== 0001104659-03-017831.txt : 20030813 0001104659-03-017831.hdr.sgml : 20030813 20030812200218 ACCESSION NUMBER: 0001104659-03-017831 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030812 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030813 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MEDTRONIC INC CENTRAL INDEX KEY: 0000064670 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 410793183 STATE OF INCORPORATION: MN FISCAL YEAR END: 0430 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07707 FILM NUMBER: 03838873 BUSINESS ADDRESS: STREET 1: 710 MEDTRONIC PKWY STREET 2: MS LC300 CITY: MINNEAPOLIS STATE: MN ZIP: 55432 BUSINESS PHONE: 7635144000 8-K 1 a03-2560_28k.htm 8-K

 

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 12, 2003

 

Medtronic, Inc.

(Exact name of Registrant as Specified in its Charter)

 

 

Minnesota

(State or Other Jurisdiction of Incorporation)

 

 

 

1-7707

 

41-0793183

(Commission File Number)

 

(IRS Employer

Identification No.)

 

 

 

 

 

710 Medtronic Parkway

Minneapolis, Minnesota  55432-5604

(Address of Principal Executive Offices and Zip Code)

 

 

 

(763) 514-4000

(Registrant’s telephone number, including area code)

 

 

 

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)

 



 

Item 5.                    Other Events

 

                On August 12, 2003, the Registrant issued a press release announcing that the U.S. Court of Appeals for the Federal Circuit has overturned a decision by the U.S. District Court in Wilmington, DE that certain Medtronic stent products did not infringe the Palmaz-Schatz patents owned by Johnson & Johnson/Cordis.  In December 2000, a jury found that certain now-obsolete stents infringed the Palmaz-Schatz patents and awarded Johnson & Johnson $271 million in damages.  Medtronic plans to petition the Federal Circuit Court for a rehearing in this matter.   The full text of the press release is set forth in Exhibit 99 attached hereto and is incorporated in this Report as if fully set forth herein.

 

 

Item 7.                    Financial Statements and Exhibits

 

                Exhibit 99               Press release dated August 12, 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.

 

 

 

 

MEDTRONIC, INC.

 

 

 

 

 

 

 

By

/s/ David J. Scott

Date:  August 12, 2003

 

 

David J. Scott, Senior Vice President,

 

 

 

General Counsel and Secretary

 

2



 

EXHIBIT INDEX

 

Medtronic, Inc.

Form 8-K Current Report

Dated August 12, 2003

 

 

 

 

Exhibit Number

 

Description

 

 

 

99

 

Press release dated August 12, 2003

 

3


EX-99 3 a03-2560_2ex99.htm EX-99

Exhibit 99

 

Contact:

 

 

 

Rachael Scherer

Bob Hanvik

Investor Relations

Public Relations

763-505-2694

763-505-2635

 

 

F O R   I M M E D I A T E   R E L E A S E

 

MEDTRONIC TO SEEK REHEARING IN

JOHNSON & JOHNSON PATENT DISPUTE

 

MINNEAPOLIS, Aug. 12, 2003 — Medtronic is disappointed that a three-judge panel from the U.S. Court of Appeals for the Federal Circuit has overturned the decision by the U.S. District Court in Wilmington, Del., that certain Medtronic stent products, now outdated and superceded, did not infringe the Palmaz-Schatz patents owned by Johnson & Johnson/ Cordis.  Medtronic plans to petition the full court for a rehearing in this matter.

 

It should be noted that the Medtronic stents at issue (the GFX, GFX2 and Microstent II) are obsolete and have been replaced.  For background, the decision by the appeals court stemmed from Johnson & Johnson’s appeal of a decision by the Delaware court overturning a December 2000 jury finding that certain Medtronic stents infringed the Palmaz-Schatz patents and awarded Johnson & Johnson $271 million in damages.

 

Medtronic litigation alleging that J&J/Cordis stent products such as the BX Velocity and Cypher stents and delivery systems infringe Medtronic patents is now pending in Federal Court in Delaware and Texas.

 

Medtronic, Inc., headquartered in Minneapolis, is the world’s leading medical technology company, providing lifelong solutions for people with chronic disease.  Its Internet address is www.medtronic.com.

Any statements made about the company’s anticipated financial results and regulatory approvals are forward-looking statements subject to risks and uncertainties such as the risks inherent in the development, manufacturing, marketing and sale of medical products, competitive factors, general economic conditions, legal disputes and government actions as more fully described in Medtronic’s Annual Report on Form 10-K for the year ended April 25, 2003. Actual results may differ materially from anticipated results.

 


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