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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: May 4, 2000
(Date of earliest event reported: May 3, 2000)
Commission File Number: 1-10694
VISX, INCORPORATED
(Exact name of Registrant as specified in its charter)
Delaware 06-1161793
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(State of incorporation or organization) (IRS Employer I.D. No.)
3400 Central Expressway, Santa Clara, California 95051-0703
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(Address of principal executive offices)
(408) 733-2020
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(Registrant's telephone number, including area code)
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Item 5. Other Events
The information that is set forth in the Registrant's Press Release dated
May 4, 2000 (which is attached hereto) is hereby incorporated by reference in
this report on Form 8-K.
Item 7. Financial Statements and Exhibits
(c) Exhibits.
99.1 Text of Press Release dated May 4, 2000.
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report on Form 8-K to be signed on its behalf by
the undersigned hereunto duly authorized.
VISX, INCORPORATED
By: /s/ TIMOTHY MAIER
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Timothy Maier,
Executive Vice President and
Chief Financial Officer
Date: May 4, 2000
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[VISX LOGO}
NEWS RELEASE COMPANY CONTACTS:
For Immediate Distribution Lola Wood: (877) 463-6847
- -------------------------- E-Mail: [email protected]
Web: http://www.visx.com
VISX ANNOUNCES LITIGATION SETTLEMENTS
SANTA CLARA, CALIFORNIA, MAY 4, 2000 - VISX, INCORPORATED (Nasdaq NM Symbol:
VISX) announced today that it has achieved settlements of several lawsuits in
which claims had been asserted against the Company.
Among the claims settled were the antitrust and other claims against VISX filed
by Jon Dishler, DTC Eye Surgery Center, Inc., DTC Eye Associates, PC, Laser
Institute of the Rockies, LLC, and TELCO The Excimer Laser Company Pty, Ltd. in
the U.S. District court for the District of Colorado. The settlement also
included a resolution of the claims filed in 1996 by Pillar Point Partners,
Summit Partner, Inc. and VISX Partner, Inc. against those same parties.
Also settled was the action filed by John Taboada against Stephen Trokel, VISX,
and VISX Partner, Inc. in the U.S. District Court for the Western District of
Texas seeking, among other things, a declaration that Taboada is the inventor of
VISX's U.S. Patent No. 5,108,388 (the "'388 Patent") and a payment of royalties
received by VISX for the '388 Patent. In connection with the settlement, the
parties have signed and will file with the court a stipulated judgment stating
that Dr. Trokel is the sole inventor of the '388 Patent.
Finally, VISX has settled an action filed against it by a group of former
clinical investigators of the system made by Taunton Technologies Corporation in
which the plaintiffs alleged federal antitrust law violations, breach of
contract, and unjust enrichment.
In connection with these settlements, VISX paid a total of approximately $12
million in one-time payments and related costs and fees. The Company plans to
take a one-time litigation charge of approximately $0.12 per share after taxes
in the quarter ended June 30, 2000.
VISX is a worldwide leader in the development of refractive laser
technology. VISX systems are commercially available in the United States and
markets worldwide.
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