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): April 1, 2013
C. R. BARD, INC.
(Exact Name of Registrant as Specified in Charter)
| New Jersey | 001-6926 | 22-1454160 | ||
| (State or Other Jurisdiction of Incorporation or Organization) |
(Commission File Number) |
(IRS Employer Identification No.) | ||
| 730 Central Avenue Murray Hill, New Jersey |
07974 | |||
| (Address of Principal Executive Office) | (Zip Code) | |||
(908) 277-8000
(Registrant’s Telephone Number, Including Area Code)
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:
| ¨ | 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 |
C. R. Bard, Inc. (“Bard”) today announced that, in connection with the reexamination of Bard’s patent number 6,436,135 (the “’135 patent”), the U.S. Patent and Trademark Office issued an Office Action initially rejecting the reexamined claims of the ’135 patent. It is common during the early stages of the reexamination process for claims to be initially rejected. During the reexamination process and until final determination, the patent and all claims, including the initially rejected claims, remain valid and enforceable. The company does not believe that this will materially impact the litigation proceedings. The ’135 patent is the subject of Bard’s patent infringement suit against W. L. Gore & Associates, Inc. (“Gore”), and Gore has been found liable for infringing the ’135 patent.
This Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on management’s current expectations, the accuracy of which is necessarily subject to risks and uncertainties. These statements are not historical in nature and use words such as “believe,” and other words of similar meaning, in connection with any discussion of Bard’s patent infringement suit against Gore and/or with respect to the amounts related to willfulness, which was remanded to the U.S. District Court for the District of Arizona for review. Many factors may cause actual results to differ materially from anticipated results including the timing of final resolution of these matters. The company undertakes no obligation to update its forward-looking statements. Please refer to the Cautionary Statement Regarding Forward-Looking Information in our December 31, 2012 Form 10-K for more detailed information about these and other factors that may cause actual results to differ materially from those expressed or implied.
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.
| C. R. BARD, INC. | ||
| (Registrant) | ||
| By: | /s/ Christopher S. Holland | |
| Name: | Christopher S. Holland | |
| Title: | Senior Vice President and Chief Financial Officer | |
April 1, 2013