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) June 24, 2004 ICU MEDICAL, INC. ----------------- (Exact name of registrant as specified in its charter) DELAWARE 33-0022692 -------- ---------- (State or other jurisdiction (I.R.S. Employer Identification No.) of incorporation) 0-19974 ------- (Commission File Number) 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)
INFORMATION TO BE INCLUDED IN THE REPORT Item 9. Regulation FD Disclosure On June 24, 2004, ICU Medical, Inc. announced that the Court ordered Alaris Medical Systems, Inc. to show cause at a hearing set for July 15, 2004 why a preliminary injunction should not issue against it in a patent infringement lawsuit filed against Alaris Medical Systems, Inc. by ICU Medical, Inc. Item 7. Financial Statements and Exhibits 99.1 Press release, dated June 24, 2004 announcing court order in the patent infringement lawsuit. 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. Date: June 25, 2004 ICU MEDICAL, INC. /s/ Francis J. O'Brien ------------------------------- Francis J. O'Brien Secretary, Treasurer and Chief Financial Officer
Exhibit 99.1 ICU MEDICAL, INC. ICU MEDICAL, INC. ANNOUNCES COURT ORDER IN PATENT INFRINGEMENT LAWSUIT JUNE 24, 2004, SAN CLEMENTE, CALIFORNIA --ICU Medical, Inc., (NASDAQ/NMS:ICUI), a leading low cost manufacturer of safe medical connectors and custom intravenous systems, today announced that the United States Court for the Central District of California on June 24, 2004 ordered Alaris Medical Systems, Inc. to show cause at a hearing set for July 15, 2004 why a preliminary injunction should not issue against it. The Court found "from the arguments, declarations, and other evidence submitted by the parties, and good cause showing that: (1) ICU Medical is likely to succeed on the merits of its patent infringement claim by showing (a) that its U.S. Patent No. 6,682,509 ("the `509 patent") is not invalid, and (b) that Alaris infringes ICU Medical's '509 patent; (2) if a subsequent preliminary injunction does not issue, ICU Medical will suffer irreparable injury before trial of these issues; (3) a balance of the hardships in this case favors ICU Medical; and (4) there is no public interest at jeopardy in this case." At the July 15, 2004 hearing, Alaris will have to show cause why Alaris "should not be restrained and enjoined pending trial of this matter from: (1) making, using, selling, or offering to sell Alaris' SmartSite and SmartSite Plus needle-free valves and systems in the United States; or (2) importing Alaris' SmartSite and SmartSite Plus needle-free valves and systems in the United States." ICU Medical filed suit against Alaris on June 16, 2004. The lawsuit asserts that Alaris is infringing on the `509 patent in the manufacture and sale of the SmartSite and SmartSite Plus needle-free valves and systems. ICU Medical seeks a preliminary and permanent injunction against Alaris, treble damages, attorneys' fees, costs and expenses. The Court denied the application for a temporary restraining order. CONTACT: Francis J. O'Brien Chief Financial Officer ICU Medical, Inc. (949) 366-2183 John F. Mills Managing Director Integrated Corporate Relations (310) 395-2215