-----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, Qe+TJsuoLVvrGVTMZnkAxwWsDJwwjd0lpl3mm+N0M4UHrdjbvrqwdnaSV7oK8my2 zq+lrkdlQDM+lnMX6GCm8w== 0001104659-04-028761.txt : 20040928 0001104659-04-028761.hdr.sgml : 20040928 20040928161943 ACCESSION NUMBER: 0001104659-04-028761 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040928 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20040928 DATE AS OF CHANGE: 20040928 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: 041050146 BUSINESS ADDRESS: STREET 1: 710 MEDTRONIC PKWY STREET 2: MS LC300 CITY: MINNEAPOLIS STATE: MN ZIP: 55432 BUSINESS PHONE: 7635144000 8-K 1 a04-11015_18k.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): September 28, 2004

 

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

(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)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o             Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o             Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o             Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o             Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 8.01.              Other Events

 

On September 28, 2004, Medtronic, Inc. issued a press release announcing the results of the jury verdict in the lawsuit entitled Medtronic Sofamor Danek, Inc.,vs. Gary K. Michelson, M.D., and Karlin Technology, Inc., involving technology agreements among the parties.  The full text of the press release is set forth in Exhibit 99.1 attached hereto and is incorporated in this Current Report as if fully set forth herein.  This information is disclosed pursuant to Regulation FD.

 

Item 9.01.              Financial Statements and Exhibits

 

(a)   Financial statements:  None.

 

(b)   Pro forma financial information:  None.

 

(c)   Exhibits:

 

Exhibit 99.1     Press release dated September 28, 2004.

 

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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.

 

 

 

 

MEDTRONIC, INC.

 

 

 

 

By

/s/ Ronald E. Lund

 

Date:

September 28, 2004

 

Ronald E. Lund

 

 

Senior Vice President,

 

 

General Counsel and Corporate Secretary

 

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 EX-99.1 2 a04-11015_1ex99d1.htm EX-99.1

Exhibit 99.1

 

CONTACTS:

 

Rachael Scherer

 

Robert Hanvik

 

 

Investor Relations

 

Public Relations

 

 

763-505-2694

 

763-505-2635

 

 

 

 

612-812-2433

 

 

 

 

 

 

 

Rob Carson

 

Jeanne Forbis

 

 

Investor Relations

 

Public Relations

 

 

763-505-2705

 

763-505-2814

 

 

 

 

612-770-6896

 

 

MEDTRONIC RESPONDS TO RULING IN

MEDTRONIC SOFAMOR DANEK, INC. VS. GARY K. MICHELSON, M.D.,

AND KARLIN TECHNOLOGY, INC. CASE

 

MINNEAPOLIS, Sept. 28, 2004 – Medtronic, Inc. (NYSE: MDT) today issued the following statement in response to today’s jury verdict in the Medtronic Sofamor Danek, Inc. vs. Gary K. Michelson, M.D., and Karlin Technology, Inc. case.

 

A jury in U.S. District Court in Memphis, Tenn., delivered its verdict today in the case of Medtronic Sofamor Danek, Inc. vs. Gary K. Michelson, M.D., and Karlin Technology, Inc., a dispute involving technology agreements between Medtronic Sofamor Danek (MSD) and Dr. Michelson and his company.  Details of the verdict and damages awarded to Dr. Michelson and his company are summarized as follows:

•                  The jury found that MSD breached certain provisions of its technology agreements with Dr. Michelson and his company, and awarded damages of approximately $110 million.

•                  The jury found that certain products infringed Dr. Michelson’s patents and that MSD may be required to pay additional amounts on those products.

•                  The jury will consider whether punitive damages are appropriate on certain claims in a subsequent phase of the trial.

•                  The jury found that Medtronic Inc., MSD’s parent company, had not breached any duties to Dr. Michelson and his company.

 

As a result of the jury’s findings, the agreements with Dr. Michelson and his company remain in effect.

 

Even before the verdict, MSD took steps to address a number of the issues in this case and will undertake further evaluation of the jury’s determinations to assure compliance with the provisions of our agreements with Dr. Michelson and his company. Medtronic and MSD appreciate the extensive time and thoughtful consideration the court and jury devoted to this case.

 

1

 

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 those described in Medtronic’s Annual Report on Form 10-K for the year ended April 30, 2004.  Actual results may differ materially from anticipated results.

 

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