-----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, Nx5JPEKMHqc/9yuNdDzOizcKxHol7C6SJa6Mly3jvT0dT0VOV9aQ4+LaUJ6nRKrs HjTuuUJ0ACIWMh9EfV9lOg== 0000893220-04-000326.txt : 20040303 0000893220-04-000326.hdr.sgml : 20040303 20040303142548 ACCESSION NUMBER: 0000893220-04-000326 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040302 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040303 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TELEFLEX INC CENTRAL INDEX KEY: 0000096943 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 231147939 STATE OF INCORPORATION: DE FISCAL YEAR END: 1226 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-05353 FILM NUMBER: 04645642 BUSINESS ADDRESS: STREET 1: 155 SOUTH LIMERICK ROAD STREET 2: CORPORATE OFFICES CITY: LIMERICK STATE: PA ZIP: 19468 BUSINESS PHONE: 610 948-5100 MAIL ADDRESS: STREET 1: 155 SOUTH LIMERICK ROAD CITY: LIMERICK STATE: PA ZIP: 19468 8-K 1 w94855e8vk.htm FORM 8-K TELEFLEX INCORPORATED e8vk
 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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)
  March 2, 2004
 
 

TELEFLEX INCORPORATED

(Exact name of Registrant as Specified in Its Charter)
         
Delaware   1-5353   23-1147939

 
 
 
 
 
(State or Other Jurisdiction   (Commission File Number)   (IRS Employer
of Incorporation or Organization)       Identification No.)


             
155 South Limerick Road, Limerick, Pennsylvania
    19468      

 
(Address of Principal Executive Offices)
  (Zip Code)    
         
Registrant’s Telephone Number, Including Area Code
  (610) 948-5100    

 



(Former Name or Former Address, If Changed Since Last Report)


 


 

Item 5. Other Events and Regulation FD Disclosure.

     On March 2, 2004, Teleflex Incorporated issued a press release announcing that, on February 13, 2004 the company was notified that a jury sitting in the Federal District Court for the Northern District of Georgia had rendered a verdict against one of its subsidiaries, Rüsch, Inc., in a trademark infringement case. Judgment by the Court is pending. The foregoing summary is subject to the full text of the press release, which is attached to this Report as Exhibit 99.1 and incorporated herein by reference.

Item 7. Financial Statements and Exhibits.

     (c) Exhibits.

     
99.1
  Press Release dated March 2, 2004.

 


 

SIGNATURE

     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.

             
Date: March 3, 2004   TELEFLEX INCORPORATED
 
           
  By:   /s/    
     
 
   
      Name: Joan W. Schwartz    
      Title: Assistant Secretary    

 


 

EXHIBIT INDEX

     
99.1
  Press Release dated March 2, 2004

 

EX-99.1 3 w94855exv99w1.htm PRESS RELEASE DATED MARCH 2, 2004 exv99w1
 

Exhibit 99.1

Mary Pilcicki
Teleflex Incorporated
610-948-2850
National

FOR IMMEDIATE RELEASE

March 2, 2004

TELEFLEX COMMENTS ON TRADEMARK
INFRINGEMENT ACTION AGAINST SUBSIDIARY

Limerick, PA — Teleflex Incorporated (NYSE: TFX) announced today that on February 13, 2004 the company was notified that a jury sitting in the Federal District Court for the Northern District of Georgia had rendered a verdict against one of its subsidiaries, Rüsch, Inc., in a trademark infringement case in the amount of $2.6 million as “reasonable royalty” and an additional $32.2 million as “unjust enrichment.” Judgment was not entered on the verdict, and the trial judge held a hearing on February 25, 2004 on the issue of what judgment would be entered by the court. The judge reserved judgment at the hearing pending further briefing by the parties.

     Under applicable Federal trademark law, the trial judge has the discretion, notwithstanding a jury verdict, to determine the amount of damages and whether damages for unjust enrichment should be awarded. The company believes a decision on entry of judgment will be entered in the next several weeks.

     Rüsch, Inc, a manufacturer of health care supply products is a co-defendant in this case with Medical Marketing Group, Inc. (MMG). The case involves a common law trademark claim arising under 1988 and 1997 contracts between MMG and the plaintiff, which were terminated in 1999. Rüsch, Inc. acquired the business of MMG in February 2000. In connection with the transaction, the company escrowed a portion of the purchase price which approximates the “reasonable royalty” found by the jury.

     The company has discussed the verdict with its auditors and is considering the appropriate accounting treatment under the circumstances and will reach a determination, depending on the actions taken by the court, before the filing of the company’s 2003 Form 10-K.

 


 

Teleflex at a Glance:

Teleflex is a diversified industrial company with annual revenues of more than $2 billion. The company designs, manufactures and distributes quality engineered products and services for the automotive, medical, aerospace, marine and industrial markets worldwide. Teleflex employs more than 19,000 people worldwide who focus on providing innovative solutions for customers. Additional information about Teleflex, including a recent archived conference call with analysts and investors, can be obtained from the company’s website on the Internet at www.teleflex.com.

Forward-looking information:

     Statements in this news release, other than historical data, are considered forward-looking statements under the Private Securities Litigation Reform Act of 1995. These statements are subject to various risks and uncertainties that could cause actual results to differ from those contemplated in the statements. These factors are discussed in the company’s Securities and Exchange Commission filings.

     
Contact:
  Julie McDowell
  Vice President
  Corporate Communications
  610-948-2836

###

 

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