SEC Filing | ICU Medical

View:

Download DOC

Download PDF

Download XLS

Form 8-K Filing

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) November 20, 2008

ICU Medical, Inc.
(Exact name of registrant as specified in its charter)

DELAWARE		0-19974		33-0022692
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

	951 Calle Amanecer, San Clemente, California		92673
	(Address of principal executive offices)		(Zip Code)

(949) 366-2183
Registrant's telephone number, including area code

N/A
(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 obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
	[ ]	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.

In a non-precedential split decision, a panel of the United States Court of Appeals for the Federal Circuit has vacated a final order of the Central District Court of California granting ICU Medical summary judgment of non-infringement against Medegen MMS, in a patent infringement case filed by Medegen against ICU Medical on July 6, 2006. See attached press release.

Item 9.01. Financial Statements and Exhibits.

(c)		Exhibits

99.1		Press release, dated November 20, 2008 announcing that a panel of the United States Court of Appeals for the Federal Circuit has vacated a final order of the Central District Court of California granting ICU Medical summary judgment of non-infringement against Medegen MMS.

SIGNATURE

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.

		ICU Medical, Inc.
Date: November 20, 2008		/s/ SCOTT E. LAMB Scott E. Lamb Secretary, Treasurer and Chief Financial Officer

Federal Circuit Vacates ICU Medical Summary Judgment Against Medegen and Remands to District Court

EXHIBIT 99.1

Federal Circuit Vacates ICU Medical Summary Judgment Against Medegen and Remands to District Court

SAN CLEMENTE, Calif., Nov. 20, 2008 (GLOBE NEWSWIRE) -- ICU Medical, Inc., (Nasdaq:ICUI), a leading low cost manufacturer of safe medical connectors connectors and custom intravenous systems, today announced that, in a non-precedential split decision, a panel of the United States Court of Appeals for the Federal Circuit has vacated a final order of the Central District Court of California granting ICU Medical summary judgment of non-infringement against Medegen MMS, in a patent infringement case filed by Medegen against ICU Medical on July 6, 2006. In this case, Medegen alleges that ICU Medical infringes one of its patents by offering for sale and selling the CLC2000 and TEGO. In March 2007, Medegen withdrew its claim as to the TEGO. Medegen seeks monetary damages and injunctive relief.

"ICU Medical sought and obtained summary judgment against Medegen on a very specific ground, and has many more defenses to Medegen's infringement claim that will be asserted on remand," stated Scott Lamb, Chief Financial Officer of ICU Medical. Mr. Lamb continued, "Additionally, on remand, ICU Medical will vigorously pursue its counterclaims against Medegen seeking to establish the invalidity and unenforceability of Medegen's patent due to its inequitable conduct before the United States Patent and Trademark Office." ICU Medical currently is reviewing the Federal Circuit decision to determine whether further proceedings at the Federal Circuit are warranted.

The foregoing statement concerning Management's expectation with respect to future results is a forward-looking statement based upon the best information currently available to Management and assumptions Management believes are reasonable, but Management does not intend the statement to be a representation as to future results. Forward looking statements in this press release include the future developments in this litigation. Future results are subject to risks and uncertainties, including the risk factors described in the Company's filings with the Securities and Exchange Commission, which include those in the Form 10-K for the year ended December 31, 2007 and Form 10-Q for the quarter ended September 30, 2008. Actual results in the future may differ materially from Management's current expectations.

CONTACT:  ICU Medical, Inc.
          Scott E. Lamb, Chief Financial Officer
          (949) 366-2183