8-K 1 pal211033.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): August 3, 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 San Antonio, Texas 78230 --------------------------------------------------- ---------------- (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 August 3, 2006, Kinetic Concepts, Inc. ("KCI" or the "Company") announced that a U.S. District Court jury found that the Wake Forest patents involved in the litigation against BlueSky Medical Group, Inc. and Medela AG are valid and enforceable. The jury also found that the patent claims involved in the case are not infringed by the Versatile 1 system marketed by BlueSky. The Wake Forest patents relate to KCI's V.A.C. technology used for the treatment of patients with serious, complex wounds. KCI intends to challenge the finding of non-infringement before the trial court and on appeal, and there are likely to be significant post-verdict motions and hearings. The Court has not yet set a post-verdict schedule, and will issue its final judgment in future proceedings. A copy of the press release announcing the jury verdict is attached as Exhibit 99.1 hereto. A copy of the press release announcing the conference call to discuss the verdict, to be held at 8:30am EDT on Friday, August 4, 2006, is attached as Exhibit 99.2 hereto. Item 9.01. Financial Statements and Exhibits (d) Exhibits Exhibit No. Description ----------- ----------- 99.1 Press Release of Registrant dated August 3, 2006, entitled "KCI Announces Jury Verdict in Patent Case." 99.2 Press Release of Registrant dated August 3, 2006, entitled "KCI to Host Conference Call Regarding Jury Verdict." 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: August 3, 2006 By: /s/ Martin J. Landon -------------------------- Name: Martin J. Landon Title: Senior Vice President, Chief Financial Officer EXHIBIT INDEX Exhibit No. Description ----------- ----------- 99.1 Press Release of Registrant dated August 3, 2006, entitled "KCI Announces Jury Verdict in Patent Case." 99.2 Press Release of Registrant dated August 3, 2006, entitled "KCI to Host Conference Call Regarding Jury Verdict."