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Medafor Matters
6 Months Ended
Jun. 30, 2014
Medafor Matters [Abstract]  
Medafor Matters

7.  Medafor Matters 

 

Investment in Medafor Common Stock

 

In 2009 and 2010 CryoLife purchased shares of common stock in Medafor, Inc. (“Medafor”).  The Company initially recorded its investment using the cost method as a long-term asset, investment in equity securities, on the Company’s Summary Consolidated Balance Sheets. 

 

On October 1, 2013 C.R. Bard, Inc. (“Bard”) completed its previously announced acquisition of the outstanding shares of Medafor common stock.  The Company received an initial payment of approximately $15.4 million for its 2.4 million shares of Medafor common stock and recorded an initial gain of approximately $12.7 million on the sale in the fourth quarter of 2013.  The Company could receive additional payments totaling up to $8.4 million upon the release of funds held in escrow and the satisfaction of certain contingent milestones, measurable through June 2015.  The first of these additional payments, which the Company believes could be up to approximately $525,000, if released, would be received in late 2014, although this amount is subject to possible offsets.  These payments will be recorded as an additional gain if, and when, received by the Company.

 

Legal Action

 

CryoLife received a letter from Medafor in September 2012 stating that PerClot®, when introduced in the U.S., will, when used in accordance with the method published in CryoLife’s literature and with the instructions for use, infringe Medafor’s (now Bard’s) U.S. patent.  CryoLife does not believe that its sales of PerClot will infringe Bard’s patent.

 

In April 2014 the Company filed a declaratory judgment lawsuit against Bard and certain of its subsidiaries, including Medafor, in the U.S. District Court for the District of Delaware (the “Court”).  CryoLife requested that the Court confirm that CryoLife’s anticipated sales of PerClot, when it is approved by the FDA, and certain of its derivative products, such as PerClot Topical, which has been cleared by the FDA, will not infringe upon the patent held by Bard and / or that the Bard patent is invalid.  CryoLife and Bard have filed various motions with respect to this matter.  The Court has not ruled on any of these motions and discovery has not commenced.  See also Part II, Item 1, Legal Proceedings of this Form 10-Q.