UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OF 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
April 19, 2000 (Date of earliest event reported)
GUM TECH INTERNATIONAL, INC.
(Exact Name of Registrant as Specified in its Charter)
UTAH 0-27646 87-0482806
(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
246 East Watkins Street, Phoenix, Arizona 85004
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code (602)252-1617
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
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ITEM 5. OTHER EVENTS.
Attached hereto as Exhibit 99.1 is a copy of Gum Tech International, Inc.'s
press release dated April 19, 2000 titled "Gum Tech Announces Denial of Quigley
Motion for Preliminary Injunction in Patent Infringement Suit."
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.
(c) Exhibits
EXHIBIT
NUMBER DESCRIPTION
------ -----------
99.1 Gum Tech International, Inc. Press Release April 19, 2000 titled
"Gum Tech Announces Denial of Quigley Motion for Preliminary
Injunction in Patent Infringement Suit"
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SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
GUM TECH INTERNATIONAL, INC.
(Registrant)
/s/ William J. Hemelt
----------------------------------------
(Signature)
William J. Hemelt
Secretary and Chief Financial Officer
Date: May 9, 2000
<PAGE>
EXHIBIT INDEX
EXHIBIT
NUMBER DESCRIPTION
- ------ -----------
99.1 Gum Tech International, Inc. Press Release April 19, 2000 titled "Gum
Tech Announces Denial of Quigley Motion for Preliminary Injunction in
Patent Infringement Suit"
EXHIBIT 99.1
COMPANY PRESS RELEASE
Gum Tech Announces Denial of Quigley Motion for Preliminary Injunction in Patent
Infringement Suit
PHOENIX, AZ., April 19, 2000-- Gum Tech International, Inc., (Nasdaq: GUMM) and
Gel Tech LLC, a joint venture between Gum Tech and BioDelivery Technologies,
Inc., today announced that the United States District Court for the Eastern
District of Pennsylvania denied Quigley's motion for a preliminary injunction,
filed as part of Quigley's patent infringement suit.
The Quigley Corporation filed a patent infringement lawsuit against Gel
Tech, the developer of Zicam, and Gum Tech, the distributor of Zicam(TM), in
November 1999, alleging infingement of a patent licensed to Quigley by George
Eby III. Quigley subsequently filed a motion for preliminary injunction, seeking
to enjoin Gum Tech and Gel Tech from selling Zicam(TM) Cold Remedy pending
resolution of the lawsuit at trial. The Court denied Quigley's motion in an
Order dated April 19, 2000.
Brown Russell, Chairman of Gum Tech's Board of Directors, said, "We are
naturally pleased with the Court's ruling. It is important, however, to note
that this is only a very preliminary phase of the litigation. In a Memorandum
constituting its findings of fact and conclusions of law, the Court decided a
number of complex issues of patent law raised by Gum Tech in opposition to the
Motion. Those issues include issues regarding 'standing.' 'new matter,' 'double
patenting,' and a number of definitional issues on the scope of the patent.
Based on its conclusion of law regarding those issues and the very limited
factual record presented by both parties at the hearing on the motion, the Court
decided that 'on this evidence, and although it is a close case, we find that
Quigley has demonstrate a likelihood of success in proving infringement.' While
the Court's conclusions on these issues was only on aspect of the Court's
opinion, we believe that the Court's conclusions of law which lead to this
finding involve legal defenses which are potentially dispositive of the entire
lawsuit before a trial."
"In its Memorandum, the Court noted that 'either party or both of the
parties could elect to' appeal these 'difficult issues' to the Federal Circuit,
since on at least one issue, there was 'evidently no precedent to guide the
Court.' We intend to pursue this course of action and seek immediate appellate
review of these important and complex legal issues at this stage of the
litigation, before trial. In addition, while it was not appropriate or necessary
to address in detail all the important factual issues in the case at the hearing
on the Motion, we will now focus on developing evidence on the factual issues
specifically relating to infringement to present at trial.
Again, we are happy that the Court denied Quigley's Motion. This allows us
to continue selling Zicam(TM) during the course of litigation. We continue to
believe strongly that the Quigley lawsuit is without merit, and will continue to
vigorously defending our position."
The Eby patent expires in May, 2002.
<PAGE>
Gum Tech Forward-Looking Statement:
This news release contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. These forward-looking
statements are based on the Company's expectations and are subject to a number
of risks and uncertainties, many of which cannot be predicted or quantified and
are beyond the Company's control. Future events and actual results could differ
materially from those set forth in, contemplated by, or underlying the
forward-looking statements. Factors that could cause actual results to differ
materially from the Company's expectations include unfavorable results in a
trial on the merits or any decision on appeal. Other factors that could cause
actual results to differ materially from the Company's expectations are
described in the Company's reports filed pursuant to the Securities Exchange Act
of 1934.
