-----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, WtZwyNA9I5vxuq/Li73IFV22hov+PqJZMU9QsXiJDdOudpkDqbXuIL3LNkf7Oyii yLDmnyy3q3iVrJ/vdzX8sw== 0000927016-97-001111.txt : 19970421 0000927016-97-001111.hdr.sgml : 19970421 ACCESSION NUMBER: 0000927016-97-001111 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19970416 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 19970418 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: PERSEPTIVE BIOSYSTEMS INC CENTRAL INDEX KEY: 0000859640 STANDARD INDUSTRIAL CLASSIFICATION: LABORATORY ANALYTICAL INSTRUMENTS [3826] IRS NUMBER: 042987616 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-20032 FILM NUMBER: 97583335 BUSINESS ADDRESS: STREET 1: 500 OLD CONNECTICUT PATH CITY: FRAMINGHAM STATE: MA ZIP: 01701 BUSINESS PHONE: 5083837700 MAIL ADDRESS: STREET 1: 500 OLD CONNECTICUT PATH CITY: FRAMINGHAM STATE: MA ZIP: 01701 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): APRIL 16, 1997 -------------- PERSEPTIVE BIOSYSTEMS, INC. ______________________________________________________ (Exact name of registrant as specified in its charter) DELAWARE ______________________________________________ (State or other jurisdiction of incorporation) 0-20032 04-2987616 ________________________ _______________________ (Commission File Number) (IRS Employer Id. No.) 500 Old Connecticut Path Framingham, MA 01701 _____________________________________________________ (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (508) 383-7700 ______________ ITEM 5. OTHER EVENTS. ------------ On April 16, 1997, PerSeptive Biosystems, Inc. (the "Company") filed a motion to permit an immediate appeal of an April 3, 1997 decision, and related January 9, 1996 and March 12, 1996 decisions, of the United States District Court for the District of Massachusetts in the Company's patent infringement suit against Sepracor, Inc. ("Sepracor"), BioSepra Inc. ("BioSepra") and Pharmacia Biotech, Inc. ("Pharmacia") (Civil Action No. 93-12237-PBS). The District Court's April 3, 1997 ruling denied the Company's motion to correct inventorship of three U.S. patents issued to the Company, Nos. 5,019,270, 5,228,989 and 5,384,042, covering the Perfusion Chromatography(R) process and particles and matrix structures used in that process (the "Original Perfusion Patents"). The District Court ruled that the Company had not met its burden of proving that two British scientists, who worked for a company that is not a party to the litigation, were not named on the Original Perfusion Patents without deceptive intent within the meaning of Section 256 of Title 35, United States Code, and granted judgment in favor of Sepracor, BioSepra and Pharmacia on the Company's claims relating to the Original Perfusion Patents. (Two recently issued U.S. Perfusion Chromatography patents covering Perfusion Chromatography instruments and systems are not part of the lawsuit and are unaffected by the District Court's April 3, 1997 ruling.) In the January 9, 1996 ruling, the District Court had ruled that the two scientists should have been named as co-inventors on the Original Perfusion Patents. The March 12, 1996 ruling directed the Company to correct inventorship and placed on the Company the burden of proving the absence of deceptive intent in the designation of inventors. The Company's motion is for an immediate appeal to the United States Court of Appeals for the Federal Circuit, which has exclusive jurisdiction in the United States to hear appeals in patent cases. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. --------------------------------- (c) Exhibits. -------- None. 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. PERSEPTIVE BIOSYSTEMS, INC. By: /s/ Noubar B. Afeyan ----------------------------------------- Noubar B. Afeyan, Chairman and Chief Executive Officer Dated: April 18, 1997 -----END PRIVACY-ENHANCED MESSAGE-----