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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): APRIL 16, 1997
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PERSEPTIVE BIOSYSTEMS, INC.
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(Exact name of registrant as specified in its charter)
DELAWARE
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(State or other jurisdiction of incorporation)
0-20032 04-2987616
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(Commission File Number) (IRS Employer Id. No.)
500 Old Connecticut Path Framingham, MA 01701
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code:
(508) 383-7700
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ITEM 5. OTHER EVENTS.
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On April 16, 1997, PerSeptive Biosystems, Inc. (the "Company") filed a
motion to permit an immediate appeal of an April 3, 1997 decision, and related
January 9, 1996 and March 12, 1996 decisions, of the United States District
Court for the District of Massachusetts in the Company's patent infringement
suit against Sepracor, Inc. ("Sepracor"), BioSepra Inc. ("BioSepra") and
Pharmacia Biotech, Inc. ("Pharmacia") (Civil Action No. 93-12237-PBS). The
District Court's April 3, 1997 ruling denied the Company's motion to correct
inventorship of three U.S. patents issued to the Company, Nos. 5,019,270,
5,228,989 and 5,384,042, covering the Perfusion Chromatography(R) process and
particles and matrix structures used in that process (the "Original Perfusion
Patents"). The District Court ruled that the Company had not met its burden of
proving that two British scientists, who worked for a company that is not a
party to the litigation, were not named on the Original Perfusion Patents
without deceptive intent within the meaning of Section 256 of Title 35, United
States Code, and granted judgment in favor of Sepracor, BioSepra and Pharmacia
on the Company's claims relating to the Original Perfusion Patents. (Two
recently issued U.S. Perfusion Chromatography patents covering Perfusion
Chromatography instruments and systems are not part of the lawsuit and are
unaffected by the District Court's April 3, 1997 ruling.) In the January 9,
1996 ruling, the District Court had ruled that the two scientists should have
been named as co-inventors on the Original Perfusion Patents. The March 12,
1996 ruling directed the Company to correct inventorship and placed on the
Company the burden of proving the absence of deceptive intent in the designation
of inventors. The Company's motion is for an immediate appeal to the United
States Court of Appeals for the Federal Circuit, which has exclusive
jurisdiction in the United States to hear appeals in patent cases.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
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(c) Exhibits.
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None.
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SIGNATURES
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.
PERSEPTIVE BIOSYSTEMS, INC.
By: /s/ Noubar B. Afeyan
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Noubar B. Afeyan, Chairman and
Chief Executive Officer
Dated: April 18, 1997
