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):
October 1, 1997
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Commission file number 0-28392
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HARVARD SCIENTIFIC CORP.
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(Exact name of registrant as specified in its charter)
Nevada 88-0226455
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(State of other jurisdiction (I.R.S. Employer
of incorporation or Identification No.)
organization)
100 N. Arlington Ave., Suite 23P, Reno, NV 89501
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(Address of principal executive offices) (Zip Code)
Registrant's Telephone number, including area code: (702) 796-1173
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Item No. 5. Other Events
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On October 1, 1997, the Company filed a complaint for declaratory judgment
of non-infringement of U.S. Patent No. 4,801,587 (the "587 patent") in the
United States District Court for the District of Nevada. The corporation is the
only plaintiff in the matter and VIVUS, Inc. is the only defendant.
On or about August 29, 1997, defendant VIVUS sent a letter to the
corporation claiming that the corporation's product for the treatment of male
erectile disfunction, PGE1, infringed on claim 6 of the 587 patent. Defendant
VIVUS claims to be the owner of the patent in question.
On September 16, 1997, the corporation responded to VIVUS' August 29, 1997
letter and advised VIVUS that the company's new method for the treatment of male
erectile disfunction does not infringe upon claim 6 of the 587 patent VIVUS
claimed to own. The corporation's response identified several requirements of
that claim which are completely absent in the corporation's method.
On or about September 19, 1997, defendant VIVUS responded to Harvard's
September 16, 1997 letter and reiterated its claim of infringement.
Through the action filed in the United State District Court in the District
of Nevada, the corporation seeks a declaratory judgment that the method
developed and used by the company for the treatment of male erectile disfunction
does not infringe upon claim 6, or any other claim, of the 587 patent. The
company also seeks recovery of its costs and reasonable attorney's fees in
connection with this action.
SIGNATURES
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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.
HARVARD SCIENTIFIC CORP.
Date: October 31, 1997 /s/
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Don A. Steffens, President
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