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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): JULY 11, 1995
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NELLCOR INCORPORATED
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(Exact name of registrant as specified in its charter)
DELAWARE 0-14980 94-2789249
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State or other jurisdiction (Commission (IRS Employer
of incorporation File No.) Identification No.)
4280 HACIENDA DRIVE, PLEASANTON, CALIFORNIA 94588
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(Address of principal executive offices)
Registrant's telephone number, including area code: (510) 463-4000
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ITEM 5. OTHER EVENTS.
On July 12, 1995, the Company announced that the U.S. Federal District Court in
Delaware had issued a decision in favor of the Company, ruling that four key
oximeter and sensor technology patents are valid and would be infringed by
Ohmeda Inc., a subsidiary of BOC Health Care Inc., if Ohmeda sold either its
adult or neonatal OxyTip sensors for use with non-Ohmeda monitors. BOC Health
Care had filed the suit in December 1992, seeking a declaratory judgment that
Nellcor's patents were invalid and would not be infringed.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
See the Company's Press Release dated July 12, 1995 attached hereto as Exhibit
A.
SIGNATURE
Pursuant to the requirements of Section 12 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: July 31, 1995 NELLCOR INCORPORATED
By: /s/ Laureen DeBuono
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Laureen DeBuono
Executive Vice President,
Human Resources,
General Counsel and Secretary
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EXHIBIT A
NEWS RELEASE
Contact: Susan Freschi
510/463-4000
DELAWARE DISTRICT COURT DECLARES NELLCOR PATENTS VALID, INFRINGED BY OHMEDA
PLEASANTON, CA -- JULY 12, 1995 -- Nellcor Incorporated (NASDAQ:NELL) today
announced that the U.S. Federal District Court in Delaware has issued a decision
in favor of Nellcor, ruling that four key oximeter and sensor technology patents
are valid and would be infringed by Ohmeda Inc., a subsidiary of BOC Health Care
Inc., if Ohmeda sold either its adult or neonatal OxyTip sensors for use with
non-Ohmeda monitors. BOC Health Care had filed the suit in December 1992,
seeking a declaratory judgment that Nellcor's patents were invalid and would not
be infringed.
The Nellcor patents relate to oximeters and sensors which use calibration
resistors indicative of the sensors' light emitting diode (LED) wavelengths
(resistor calibration patents), and to a sensor that conforms to a patient's
skin without stressing the skin or underlying tissue (conformable sensor
patent). Under a licensing agreement signed in 1986, BOC Health Care was
granted the right to use the patented technology in sensors sold solely for use
with Ohmeda monitors. BOC Health Care may continue to use Nellcor's patented
technology in accordance with the terms of that license agreement.
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"We are extremely pleased that the court has affirmed the validity of our
patents, and has recognized the importance of protecting innovative
technological development," said C. Raymond Larkin, Jr., Nellcor's president and
chief executive officer.
Nellcor Incorporated, founded in 1981, designs, manufactures and markets high
performance monitoring equipment, sensors and accessories for patient safety and
management throughout the hospital, in emergency care and in the home. Nellcor
is the leading producer of pulse oximeters used in the hospital for continuous
measurement of patient oxygen status. Nellcor's line of oximetry sensors is the
broadest in the medical equipment industry, and includes both adhesive and
reusable sensors as well as a sensor recycling program.
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