-----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, SiTyyPEwnWQFOettXdNI+LWNFAwjz+evr7P4M7vjLWE/jZFy/P7Dx+B3uliF5I10 v61wpGCWqfEZhnwmQnv31Q== 0000950137-99-003425.txt : 19990917 0000950137-99-003425.hdr.sgml : 19990917 ACCESSION NUMBER: 0000950137-99-003425 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19990915 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19990916 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN BIO MEDICA CORP CENTRAL INDEX KEY: 0000896747 STANDARD INDUSTRIAL CLASSIFICATION: MEASURING & CONTROLLING DEVICES, NEC [3829] IRS NUMBER: 141702188 STATE OF INCORPORATION: NY FISCAL YEAR END: 0430 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-28666 FILM NUMBER: 99712603 BUSINESS ADDRESS: STREET 1: 300 FAIRVIEW AVENUE CITY: HUDSON STATE: NY ZIP: 12534 BUSINESS PHONE: 8002271243 MAIL ADDRESS: STREET 1: 300 FAIRVIEW AVENUE CITY: HUDSON STATE: NY ZIP: 12534 8-K 1 FORM 8-K 1 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): September 15, 1999 AMERICAN BIO MEDICA CORPORATION ------------------------------------------------------ (Exact Name of Registrant as Specified in its Charter) New York 0-28666 14-1702188 - --------------- ------------------------ ------------- (State or Other (Commission File Number) (IRS Employer Jurisdiction of Identification Number) Incorporation) 122 Smith Road, Kinderhook, NY 12106 - ---------------------------------------- ---------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (800) 227-1243 300 Fairview Avenue, Hudson, NY 12534 - -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) 2 ITEM 5. OTHER EVENTS On September 15, 1999, the Court of Special Appeals in Maryland ruled in favor of the Company and reversed a Maryland circuit court's ruling that the estate of Dr. Robert Friedenberg was entitled to 5,907,154 common shares of the Company. The case was remanded to the circuit court with directions to enter a judgement for the Company. See the attached press release filed as Exhibit 99.1 which is incorporated herein by reference. Also see the more complete description of the "Friedenberg Litigation" included in Item 1 of Part II of the Company's Form 10-QSB for the quarter ended July 31, 1999. 2 3 ITEM 7. EXHIBITS (c) Exhibits 99.1 American Bio Medica Corporation press release dated 9-16-99 3 4 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. AMERICAN BIO MEDICA CORPORATION (Registrant) Dated: September 16, 1999 By: /s/ Stan Cipkowski -------------------------------------- Stan Cipkowski, President and Principal Executive Officer By: /s/ John F. Murray -------------------------------------- John F. Murray, Treasurer and Principal Financial Officer 4 EX-99.1 2 AMERICAN BIO MEDICA CORP. PRESS RELEASE 9-16-99 1 [AMERICAN BIO MEDICA LOGO] Contact: Exhibit 99.1 - -------------------------------------------------------------------------------- Stan Cipkowski Tel: (800) 227-1243 CEO & Chairman of the Board Fax: (518) 758-8171 Melissa Decker Email: abmc@taconic.net Mgr. Inv. Relations & Corp. Communications Web: www.americanbiomedica.com FOR IMMEDIATE RELEASE: - --------------------- AMERICAN BIO MEDICA WINS FRIEDENBERG APPEAL KINDERHOOK, NY - SEPTEMBER 16, 1999: American Bio Medica Corp. (NASDAQ: ABMC) announced today that its successful appeal to the Court of Special Appeals of Maryland resulted in the reversal of a 1998 decision by a trial court judge to award the Robert Friedenberg estate 5,907,514 common shares of ABMC stock. The Court agreed that the trial judge erred in awarding the ABMC shares to Friedenberg's estate. The Company explained that Friedenberg was to receive the shares from ABMC in exchange for providing to American Bio Medica certain technology, which he never delivered. A jury earlier decided in the Company's favor on claims of breach of contract and fraud. Thus, the Company refused to issue stock to Friedenberg. "Needless to say, we are very excited to report the court's decision and pleased to have the appeal finally behind us," stated ABMC Chairman and CEO Stan Cipkowski. "The positive results of this outcome are clear: our litigation risk is reduced substantially and our bottom line will be impacted positively." American Bio Medica Corporation develops, manufactures, and markets inexpensive, accurate, on-site drugs of abuse diagnostic kits and support services worldwide. The Company's global distributors target the workplace, clinical, rehabilitation, physicians, corrections, and educational markets. ABMC's Rapid Drug Screen(TM) is proven to correlate 100% with the standard laboratory screening test. Forward-looking statements in this release are made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that such forward-looking statements involve risk and uncertainties, including without limitation, continued acceptance of the Company's products, increased levels of competition for the Company, new products and technological changes, the Company's dependence on third-party suppliers, intellectual property rights, and other risks detailed from time to time in the Company's periodic report filed with the Securities and Exchange Commission. #### -----END PRIVACY-ENHANCED MESSAGE-----