-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, nvQqmL8jmLgNnLMe+bYGOI2v7k87PXciTAtSZkobODMOf7Q7kLEst2aZ/ciznnI+ IdZlU4zLqDkK6MRrLiFD5A== 0000912057-95-005844.txt : 19950803 0000912057-95-005844.hdr.sgml : 19950803 ACCESSION NUMBER: 0000912057-95-005844 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19950711 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 19950802 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: NELLCOR INC /DE/ CENTRAL INDEX KEY: 0000799290 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 942789249 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-14980 FILM NUMBER: 95558347 BUSINESS ADDRESS: STREET 1: 4280 HACIENDA DRIVE CITY: PLEASANTON STATE: CA ZIP: 94588 BUSINESS PHONE: 4158875858 MAIL ADDRESS: STREET 1: 4280 HACIENDA DRIVE CITY: PLEASANTON STATE: CA ZIP: 94588 FORMER COMPANY: FORMER CONFORMED NAME: NELLCOR DELAWARE INC DATE OF NAME CHANGE: 19860929 8-K 1 FORM 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): JULY 11, 1995 ------------- NELLCOR INCORPORATED ------------------------------------------------ (Exact name of registrant as specified in its charter) DELAWARE 0-14980 94-2789249 - -------------------------- ------------------ ------------------------ State or other jurisdiction (Commission (IRS Employer of incorporation File No.) Identification No.) 4280 HACIENDA DRIVE, PLEASANTON, CALIFORNIA 94588 ---------------------------------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (510) 463-4000 -------------- ITEM 5. OTHER EVENTS. On July 12, 1995, the Company announced that the U.S. Federal District Court in Delaware had issued a decision in favor of the Company, ruling that four key oximeter and sensor technology patents are valid and would be infringed by Ohmeda Inc., a subsidiary of BOC Health Care Inc., if Ohmeda sold either its adult or neonatal OxyTip sensors for use with non-Ohmeda monitors. BOC Health Care had filed the suit in December 1992, seeking a declaratory judgment that Nellcor's patents were invalid and would not be infringed. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. See the Company's Press Release dated July 12, 1995 attached hereto as Exhibit A. SIGNATURE Pursuant to the requirements of Section 12 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. Date: July 31, 1995 NELLCOR INCORPORATED By: /s/ Laureen DeBuono ------------------------------------- Laureen DeBuono Executive Vice President, Human Resources, General Counsel and Secretary EX-99 2 EXHIBIT A EXHIBIT A NEWS RELEASE Contact: Susan Freschi 510/463-4000 DELAWARE DISTRICT COURT DECLARES NELLCOR PATENTS VALID, INFRINGED BY OHMEDA PLEASANTON, CA -- JULY 12, 1995 -- Nellcor Incorporated (NASDAQ:NELL) today announced that the U.S. Federal District Court in Delaware has issued a decision in favor of Nellcor, ruling that four key oximeter and sensor technology patents are valid and would be infringed by Ohmeda Inc., a subsidiary of BOC Health Care Inc., if Ohmeda sold either its adult or neonatal OxyTip sensors for use with non-Ohmeda monitors. BOC Health Care had filed the suit in December 1992, seeking a declaratory judgment that Nellcor's patents were invalid and would not be infringed. The Nellcor patents relate to oximeters and sensors which use calibration resistors indicative of the sensors' light emitting diode (LED) wavelengths (resistor calibration patents), and to a sensor that conforms to a patient's skin without stressing the skin or underlying tissue (conformable sensor patent). Under a licensing agreement signed in 1986, BOC Health Care was granted the right to use the patented technology in sensors sold solely for use with Ohmeda monitors. BOC Health Care may continue to use Nellcor's patented technology in accordance with the terms of that license agreement. "We are extremely pleased that the court has affirmed the validity of our patents, and has recognized the importance of protecting innovative technological development," said C. Raymond Larkin, Jr., Nellcor's president and chief executive officer. Nellcor Incorporated, founded in 1981, designs, manufactures and markets high performance monitoring equipment, sensors and accessories for patient safety and management throughout the hospital, in emergency care and in the home. Nellcor is the leading producer of pulse oximeters used in the hospital for continuous measurement of patient oxygen status. Nellcor's line of oximetry sensors is the broadest in the medical equipment industry, and includes both adhesive and reusable sensors as well as a sensor recycling program. # # # -----END PRIVACY-ENHANCED MESSAGE-----