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) September 14, 1998
OSTEOTECH, INC.
(Exact name of registrant as specified in its charter)
Delaware 0-19278 13-3357370
(State or other jurisdiction (Commission (IRS EMPLOYER
or incorporation) File Number) Identification)
51 James Way, Eatontown, New Jersey 07724
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (732) 542-2800
(Former name or former address, if changed since last report)
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Item 5. Other Events
Osteotech, Inc. (the "Company") amended its patent infringement lawsuit
against GenSci Regeneration Laboratories, Inc. and its parent GenSci
Regeneration Sciences, Inc. ("GenSci"), to include as defendants DePuy Inc. and
DePuy Motech, Inc. ("DePuy"). In its amendment to the lawsuit, the Company
accuses GenSci of infringing the claims of a second patent and states that DePuy
is infringing the claims of the two patents as a result of DePuy offering for
sale products made and distributed by GenSci. These products are marketed under
the names DynaGraft Gel and DynaGraft putty. DePuy is the North American
marketing and sales agent for GenSci's DynaGraft products.
In January 1998, the Company filed its initial lawsuit against GenSci
accusing it of violating claims of a patent issued to the Company for its
Grafton (R) Demineralized Bone Matrix (DBM) process. In its lawsuit, the Company
alleges that GenSci violated the Company's patent by making, using, and/or
selling the invention claimed in the Company's patent without permission or
license from the Company. As previously disclosed, subsequent to the
commencement of the Company's action against GenSci, GenSci brought an action
against the Company claiming, among other things, that the Company's Grafton(R)
DBM revenues, violate certain patents held by GenSci. The Company believes this
claim to be without merit. These two lawsuits have been consolidated into one
lawsuit, which is in its
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preliminary stages. The Company intends to vigorously pursue its claims against
both DePuy and GenSci in the lawsuit and defend against GenSci's claims.
Certain information included in this report contains forward looking
statements within the meaning of Section 27A of the Securities Act of 1933, as
amended and Section 21E of the Securities Exchange Act of 1934, as amended (the
"Safe Harbor Provisions"). Such statements are based on current expectations and
involve a number of known and unknown risks and uncertainties that could cause
the actual results and performance of the Company to differ materially from any
expected future results or performance, expressed or implied, by the
forward-looking statements. In connection with the Safe Harbor Provisions, the
Company has identified important factors that could cause actual results to
differ materially from such expectations, including dependence upon supply of
human donors, dependence on clients, dependence on third party reimbursement,
dependence upon acceptance by the medical community, government regulation,
dependence on key personnel, patents and proprietary rights, competition,
potential product liability and environmental matters. Reference is made to all
of the Company's SEC filings, including the Company's Report on Form 10-K dated
December 31, 1997, incorporated herein by reference, for a description of such
factors. The Company assumes no responsibility to update forward looking
information contained herein.
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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.
Dated: September 18, 1998
OSTEOTECH, INC.
(Registrant)
By: /s/ RICHARD W. BAUER
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Chief Executive Officer
