-----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, HkklwSY7n8yArS1xyv4yITt//3HsRX3uWoJ3BrtZgcS6byFyneDvYyaH/Z4FZWML nxEDxo2XSGtd/S6xikFmag== 0001341004-06-000232.txt : 20060127 0001341004-06-000232.hdr.sgml : 20060127 20060127155231 ACCESSION NUMBER: 0001341004-06-000232 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060126 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060127 DATE AS OF CHANGE: 20060127 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KINETIC CONCEPTS INC /TX/ CENTRAL INDEX KEY: 0000831967 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS FURNITURE & FIXTURES [2590] IRS NUMBER: 741891727 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09913 FILM NUMBER: 06557787 BUSINESS ADDRESS: STREET 1: 8023 VANTAGE DR CITY: SAN ANTONIO STATE: TX ZIP: 78230 BUSINESS PHONE: 210.524.9000 MAIL ADDRESS: STREET 1: P0 B0X 659508 CITY: SAN ANTONIO STATE: TX ZIP: 78265-9508 8-K 1 pal195363.txt FORM 8-K UNITED STATES 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): January 26, 2006 Kinetic Concepts, Inc. (Exact name of registrant as specified in its charter) Texas 0001-09913 74-1891727 - ------------------------- ----------------------- ------------------------ (State or other (Commission (IRS Employer jurisdiction File Number) Identification No.) of incorporation) 8023 Vantage Drive 78230 San Antonio, Texas - --------------------------------------------------- ------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (210) 524-9000 (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 obligations of the registrant under any of the following provisions: |_| 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)) Item 8.01. Other Events On January 26, 2006, Kinetic Concepts, Inc. ("KCI" or the "Company") announced that the Federal District Court for the Western District of Texas issued its ruling on the November Markman hearing in KCI's patent suit against BlueSky Medical. In its ruling, the Court construed certain terms of U.S. Patent Nos. 5,636,643 and 5,645,081. The Court's ruling is consistent with KCI's proposed construction on four of the five claim terms construed in the order. The Court construed the fifth claim term in a manner that differs from the construction proposed by each of the parties to the case. The Company also stated that it continues to believe that its case against the defendants is meritorious and that it intends to continue the vigorous prosecution of the case. A copy of the press release announcing the ruling is attached as Exhibit 99.1 hereto. Item 9.01. Financial Statements and Exhibits (c) Exhibits 99.1 Press Release of Registrant dated January 26, 2006, entitled "Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky Patent Suit". 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. KINETIC CONCEPTS, INC. Date: January 26, 2006 By: /s/ Martin J. Landon ----------------------- Name: Martin J. Landon Title: Vice President, Chief Financial Officer EXHIBIT INDEX EXHIBIT NO. DESCRIPTION 99.1 Press Release of Registrant dated January 26, 2006, entitled "Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky Patent Suit". EX-99 2 pal195486.txt EXHIBIT 99.1 - PRESS RELEASE Exhibit 99.1 Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky Patent Suit SAN ANTONIO--(BUSINESS WIRE)--Jan. 26, 2006--Kinetic Concepts, Inc. (NYSE:KCI) today announced that the Federal District Court issued its ruling on the November Markman hearing in KCI's patent suit against BlueSky Medical. In its ruling, the Court construed certain terms of U.S. Patent Nos. 5,636,643 and 5,645,081. The Court's ruling is consistent with KCI's proposed construction on four of the five claim terms construed in the order. The Court construed the fifth claim term in a manner that differs from the construction proposed by each of the parties to the case. We continue to believe that our case against the defendants is meritorious and we will continue the vigorous prosecution of the case. The company plans to provide an update on the BlueSky litigation at its next regularly-scheduled quarterly earnings call. About KCI Kinetic Concepts, Inc. is a global medical technology company with leadership positions in advanced wound care and therapeutic surfaces. We design, manufacture, market and service a wide range of proprietary products that can improve clinical outcomes while helping to reduce the overall cost of patient care. Our advanced wound care systems incorporate our proprietary V.A.C.(R) technology, which has been clinically demonstrated to help promote wound healing and can help reduce the cost of treating patients with serious wounds. Our therapeutic surfaces, including specialty hospital beds, mattress replacement systems and overlays, are designed to address pulmonary complications associated with immobility and to prevent skin breakdown. We have an infrastructure designed to meet the specific needs of medical professionals and patients across all health care settings including acute care hospitals, extended care facilities and patients' homes both in the United States and abroad. Forward-Looking Statements This press release contains forward-looking statements including management's analysis of the Court's ruling and the expected impact it will have on KCI's litigation with BlueSky Medical. The forward-looking statements contained herein are based on our current expectations and are subject to a number of uncertainties which could result in an unexpected outcome in the litigation described. Litigation is inherently uncertain and we cannot definitively predict the outcome of this case. All information set forth in this release is as of January 26, 2006. We undertake no duty to update this information. More information about our litigation is described in our Annual Report on Form 10-K for the fiscal year ended December 31, 2004, and our Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2005, which are on file with the SEC and available at the SEC's website at www.sec.gov. CONTACT: Kinetic Concepts, Inc., San Antonio Investors: Martin J. Landon, 210-255-6494 or Media: Sloane & Company Darren Brandt, 212-446-1860 -----END PRIVACY-ENHANCED MESSAGE-----