UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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) April 9, 2018
REPRO MED SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
New York | 0-12305 | 13-3044880 |
(State or other jurisdiction | (Commission | (IRS Employer |
24 Carpenter Road, Chester, New York | 10918 |
(Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code (845) 469-2042
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 (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company [_]
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. [_]
ITEM 8.01 OTHER EVENTS.
On April 9, 2018, Repro Med Systems, Inc. (the “Company”) announced a decision by the United States Court of Appeals for the Federal Circuit in respect of ongoing litigation involving the second of EMED Technologies Corporation’s patents. The decision invalidated nine of the patent’s ten claims.
A copy of the Company’s press release is furnished as Exhibit 99.1 to this report.
Forward-looking Statements
The press release and this report contain forward-looking statements under the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are based on current expectations, management’s beliefs and certain assumptions made by the Company’s management. Actual results may differ materially.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(d) Exhibits.
| Exhibit No. | Description |
| 99.1 | Press release dated April 9, 2018 |
The press release is furnished herewith as Exhibit 99.1.
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.
| REPRO MED SYSTEMS, INC. | |
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Date: April 11, 2018 | By: | /s/ Andrew I. Sealfon |
| Andrew I. Sealfon | |
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Exhibit 99.1
RMS Medical Products Victory as U.S. Federal Circuit Court of Appeals Invalidates EMED Technologies Corp.’s Patent, Nullifying Infringement Claim
CHESTER, NY / April 9, 2018 / Repro Med Systems, Inc. dba RMS Medical Products (OTCQX: REPR; the “Company”) is pleased to announce that the United States Court of Appeals for the Federal Circuit shot down EMED’s appeal and that nine of the ten claims in EMED’s patent were invalid.
Andy Sealfon, RMS Chief Executive Officer commented, “The court’s decision further validates RMS’s leading status as an innovator in home infusion. While we are pleased with the result, we want to assure our partners that despite all of this unwarranted legal interference, RMS remains focused on its mission to improve the quality of life of patients around the world.”
Background of Litigation
The Company and EMED have been involved in ongoing litigation for some time. To briefly recount, on September 20, 2013, the Company commenced in the United States District Court for the Eastern District of California a Declaratory Judgment action against its competitor, EMED, to establish the invalidity of one of EMED’s patents, 8,500,703 (the ’703 patent) and non-infringement of the Company’s needle sets. EMED answered the complaint and asserted patent infringement and unfair business practice counterclaims. The Company responded by asserting its own unfair business practice claims against EMED. The Company further requested ex parte reexamination on September 11, 2015.
In a Final Office Action of September 15, 2017, the USPTO Examiner rejected all claims of the ’703 patent as unpatentable. EMED filed an appeal brief on January 25, 2018. The California case currently appears at rest awaiting the final determination from this appeal.
On June 25, 2015 EMED filed a new claim of patent infringement for a second of its patents, 8,961,476 (the ’476 patent), also directed at the Company’s needle sets, in the United States District Court for the Eastern District of Texas. This ’476 patent is related to the ’703 patent.
On September 17, 2015 the Company requested an inter parties review (“IPR”) of the ’476 patent before the USPTO Patent Trial and Appeals Board (“PTAB”), which was granted. On January 12, 2017 the PTAB issued a Final Written Decision invaliding claims 1-8 and 10 of the ’476 patent. EMED subsequently appealed to the United States Court of Appeals for the Federal Circuit (“CAFC”).
On April 3, 2018 the CAFC issued its decision. The CAFC’s Judgement affirmed the Final Written Decision of the PTAB invaliding claims 1-8 and 10 of EMED’s ’476 patent.
About RMS Medical Products
The Company manufactures medical products used for home infusions and suctioning. The FREEDOM Syringe Infusion System currently includes the FREEDOM60® and FreedomEdge® Syringe Infusion Drivers, RMS Precision Flow Rate Tubing™ and RMS HIgH-Flo Subcutaneous Safety Needle Sets™. These devices are used for infusions administered in professional healthcare settings as well as at home. The Company’s RES-Q-VAC® line of medical suctioning products is used by emergency medical service providers in addition to a variety of other healthcare providers.
The Company’s website may be visited at www.rmsmedicalproducts.com.
This press release includes “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. In addition to statements which explicitly describe such risks and uncertainties, readers are urged to consider statements labeled with the terms term “believe” to be uncertain and forward looking. The forward-looking statements contained herein are also subject generally to other risks and uncertainties that are described from time to time in the Company’s reports and registration statements filed with the Securities and Exchange Commission. The results of operations for the periods presented herein are not necessarily indicative of the results to be expected in the future.
For more information please call:
Mike King
702 650 3000
Princeton Research
SOURCE: RMS Medical Products