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): June 6, 2003
INTEGRA LIFESCIENCES HOLDINGS CORPORATION
(Exact name of Registrant as specified in its charter)
Delaware 0-26224 51-0317849
(State or other jurisdiction of (Commission File Number) (I.R.S. Employer
incorporation or organization) Identification No.)
311 Enterprise Drive
Plainsboro, NJ 08536
(Address of principal executive offices) (Zip Code)
(609)-275-0500
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
Item 5. Other Events.
On June 6, 2003, the United States Court of Appeals for the Federal Circuit,
ruling in the case Integra LifeSciences (et. al.) vs. Merck KGaA, et. al.,
affirmed the finding of the trial court that Merck KGaA infringed four of
Integra's licensed patents related in various ways to technology involving
peptides containing an arginine-glycine-aspartic acid (RGD) sequence or related
cell surface receptors. The Company issued the press release contained in
Exhibit 99.1 discussing the ruling.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
(a) Not applicable
(b) Not applicable
(c) Exhibits.
Exhibit No. Description of Exhibit
99.1 Press release issued June 9, 2003 regarding the ruling by the United
States Court of Appeals for the Federal Circuit in the case Integra
LifeSciences (et. al.) vs. Merck KGaA, et. al.
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, thereunto duly authorized, as of the 18th day of June, 2003.
INTEGRA LIFESCIENCES HOLDINGS CORPORATION
By: /s/ Stuart M. Essig
-----------------------------
Stuart M. Essig
President and Chief Executive Officer
Exhibit 99.1
News Release
Contacts:
Integra LifeSciences Holdings Corporation
John B. Henneman, III John Bostjancic
Executive Vice President Senior Director of Finance
Chief Administrative Officer (609) 936-2239
(609) 936-2481 jbostjancic@integra-ls.com
jhenneman@integra-ls.com
Court Upholds Integra LifeSciences Patents
Finding of Infringement by Merck KGaA upheld; Case Remanded For New Damages
Calculation
Plainsboro, NJ /June 9, 2003 / -- Integra LifeSciences Holdings Corporation
(Nasdaq: IART) today announced that the United States Court of Appeals for the
Federal Circuit, ruling in the case Integra LifeSciences (et. al.) vs. Merck
KGaA, et. al., has affirmed the finding of the trial court that Merck KGaA
infringed four of Integra's licensed patents. The patents at issue relate in
various ways to technology involving peptides containing an
arginine-glycine-aspartic acid (RGD) sequence or related cell surface receptors.
Compounds containing the RGD sequence promote or inhibit cell adhesion by
binding receptors called integrins found on the surface of almost every cell in
the body.
The order of the Federal Circuit relates to an appeal taken from a judgment of
the United States District Court for the Southern District of California entered
on September 29, 2000. That judgment confirmed a jury award to Integra and the
other plaintiffs of $15,000,000 in damages, plus interest. The Federal Circuit
decision also held that the basis of the jury's calculation of damages was not
clear from the trial record, and remanded the case to the trial court for
further factual development and a new calculation of damages consistent with the
Federal Circuit's decision.
The lawsuit, which was filed in 1996, alleged that Merck KGaA and a non-profit
research institution under contract from Merck KGaA had infringed various United
States patents held by The Burnham Institute of San Diego that have been
licensed to Integra. Those patents include No. 4,792,525, No. 4,879,237, No.
5,695,997, and No. 4,789,734, each in various ways relating to RGD technology.
Since 1996, 28 patents relating to the RGD technology, all licensed exclusively
by Integra, have issued to The Burnham Institute. Among these, Integra believes
that US Patents 6,020,460, 5,985,827, 5,981,468, 5,906,975, 5,880,092,
5,994,501, and 5,916,875 are particularly significant.
"We are extremely pleased that the Court of Appeals upheld the finding of the
trial court that Merck KGaA infringed our patents," said John B. Henneman, III,
Executive Vice President and Chief Administrative Officer. "While Integra always
prefers to license technology and to collaborate with strategic partners rather
than to litigate over patents, we look forward to proving our damages in
accordance with the findings of the Federal Circuit."
The Federal Circuit's opinion is available at
http://www.fedcir.gov/opinions/02-1052.doc.
Integra LifeSciences Holdings Corporation is a diversified medical technology
company that develops, manufactures, and markets medical devices for use in a
variety of applications. The primary applications for our products are
neuro-trauma and neurosurgery, plastic and reconstructive surgery, and soft
tissue repair. Integra is a leader in applying the principles of biotechnology
to medical devices that improve patients' quality of life. The Company has its
corporate headquarters in Plainsboro, New Jersey, with manufacturing and
research facilities located throughout the world. The Company has approximately
860 permanent employees.
This news release contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Forward-looking statements
include, but are not limited to, statements concerning the ultimate outcome of
litigation. The accuracy of such forward-looking statements is necessarily
subject to risks and uncertainties that could cause actual results to differ
materially from predicted or expected results. Such forward-looking statements
involve risks and uncertainties that could cause actual results to differ
materially from predicted or expected results. In addition, the economic,
competitive, governmental, technological and other factors identified under the
heading "Risk Factors" included in the Business section of Integra's Annual
Report on Form 10-K for the year ended December 31, 2002 and information
contained in subsequent filings with the Securities and Exchange Commission
could affect actual results.
Source: Integra LifeSciences Holdings Corporation