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Medafor Matters
9 Months Ended
Sep. 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”) and subsidiaries 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.  In October 2014 the Company received the first of these additional payments, totaling $530,000, which will be recorded as a gain in the fourth quarter of 2014.  Subsequent 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. and used in accordance with the method published in CryoLife’s literature and with the instructions for use, will 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 (collectively, “Defendants”), 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 any valid claim of the patent held by Bard and/or that the Bard patent is invalid.

 

In June 2014 CryoLife filed an amended complaint, and the Defendants filed a counterclaim for infringement in August 2014.  The Defendants also filed various motions to dismiss; the Court has not ruled on these motions.

 

On September 19, 2014 the Defendants filed with the Court a motion for a preliminary injunction, asking the Court to enjoin CryoLife’s marketing and sale of PerClot in the U.S.  Discovery with respect to this motion has commenced, and the Court has set a hearing date of January 23, 2015.  See also Part II, Item 1, Legal Proceedings of this Form 10-Q.