-----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, AlCJ5jn0uBzi0Ak425RuwjoHOKq68MsDv3uiz52ef9fTQERi0kDL/4dTEfo4BH5X A1wGmX3HuvsFr5ijQEJlUw== 0000891618-02-005485.txt : 20021211 0000891618-02-005485.hdr.sgml : 20021211 20021211154556 ACCESSION NUMBER: 0000891618-02-005485 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20021211 ITEM INFORMATION: Other events FILED AS OF DATE: 20021211 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ABAXIS INC CENTRAL INDEX KEY: 0000881890 STANDARD INDUSTRIAL CLASSIFICATION: IN VITRO & IN VIVO DIAGNOSTIC SUBSTANCES [2835] IRS NUMBER: 770213001 STATE OF INCORPORATION: CA FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19720 FILM NUMBER: 02854745 BUSINESS ADDRESS: STREET 1: 3240 WHIPPLE STREET 2: ROAD CITY: UNION CITY STATE: CA ZIP: 94587 BUSINESS PHONE: (510) 441-6161 MAIL ADDRESS: STREET 1: 3240 WHIPPLE STREET 2: ROAD CITY: UNION CITY STATE: CA ZIP: 94587 8-K 1 f86463e8vk.htm FORM 8-K Abaxis, Inc. Form 8-K, Dated 9/3/2002
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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): December 11, 2002

ABAXIS, INC.
(Exact name of registrant as specified in its charter)

     
California 000-19720 77-0213001
(State or other jurisdiction of (Commission File Number) (I.R.S. Employer)
incorporation or organization)   Identification No.)
     
3240 Whipple Road, Union City, CA   94587
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (510) 675-6500

(Former name or address, if changes since last report)

 


Item 5. Other Events.
SIGNATURES
INDEX TO EXHIBITS
EXHIBIT 99.1


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Item 5. Other Events.

     On December 11, 2002, Abaxis, Inc. issued a press release that is attached as Exhibit 99.1 hereto and is incorporated herein by reference in its entirety.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated this 11th day of December, 2002.

         
    Abaxis, Inc.
         
    By:   /s/ Alberto Santa Ines
       
        Alberto Santa Ines
        Chief Financial Officer

 


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INDEX TO EXHIBITS

     
Exhibit No.   Description

 
99.1   Press Release Dated as of December 11, 2002.

  EX-99.1 3 f86463exv99w1.txt EXHIBIT 99.1 Exhibit 99.1 [ABAXIS LOGO] Contact: Clint Severson RCG Capital Markets Group Chief Executive Officer Retail: Joe Dorame ABAXIS, Inc. Institutional/Analysts: Joe Diaz 510-675-6501 Media: Jeff Stanlis 480-675-0400 FOR IMMEDIATE RELEASE ABAXIS AND S.A. SCIENTIFIC REACH SETTLEMENT WITH IDEXX LABORATORIES, INC. Union City, California - December 11, 2002 -- ABAXIS, Inc. (NASDAQ: ABAX), a medical products company manufacturing point-of-care blood analysis systems, announced today that on December 6, 2002 it reached an out-of-court settlement with IDEXX Laboratories, Inc. ("IDEXX") with respect to IDEXX' patent infringement lawsuit concerning the sale and manufacturing of a canine heartworm test kit manufactured by Abaxis partner and co-defendant S.A. Scientific, Inc., a privately held company located in San Antonio, Texas ("SAS")and sold by Abaxis. Accordingly, on December 10, 2002, the lawsuit was dismissed in the United States District Court for the District of Maine. Under terms of the agreement and a joint defense agreement previously entered into by Abaxis and SAS, Abaxis will be responsible for paying $249,500 in cash damages to IDEXX, in return for which IDEXX has agreed to refrain from initiating further legal action under the patents at issue with respect to any future canine heartworm test that Abaxis and SAS may develop so long as any new canine heartworm test meets certain specifications set forth in the settlement agreement. Clint Severson, Chairman, President and CEO, commented, "This agreement satisfactorily resolves the issue and allows Abaxis to continue work to develop, manufacture and sell point of care tests in the veterinary and human markets. We will continue to work to develop new tests to broaden our product offerings, including tests for canine heartworm that do not utilize IDEXX' patented hypertonic solution method." ABAXIS develops, manufactures and markets portable blood analysis systems for use in any patient-care setting to provide clinicians with rapid blood constituent measurements. The system consists of a compact, 6.9 kilogram, portable analyzer and a series of 8-cm diameter single-use plastic disks, called reagent discs, which contain all the reagents necessary to perform a fixed menu of tests. The system can be operated with minimal training and perform multiple tests on whole blood, serum, or plasma. The system provides test results in less than 14 minutes with the precision and accuracy equivalent to a clinical laboratory. This press release includes statements that constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. ABAXIS claims the protection of the safe-harbor for forward-looking statements contained in the Reform Act. Specific forward-looking statements contained in this press release include, but are not limited to, risks and uncertainties related to the market acceptance of the ABAXIS' products and the continuing development of its products, risks associated with manufacturing and distributing its products on a commercial scale, risks associated with entering the human diagnostic market on a larger scale, risks involved in carrying of inventory, risks associated with the ability to attract and retain competent sales personnel, general market conditions, competition, risks and uncertainties related to its ability to raise capital in order to fund its operations and other risks detailed from time to time in ABAXIS' periodic reports filed with the United States Securities and Exchange Commission. Forward-looking statements speak only as of the date the statement was made. ABAXIS does not undertake and specifically disclaims any obligation to update any forward-looking statements. ### -----END PRIVACY-ENHANCED MESSAGE-----