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): November 17, 1999
(November 17, 1999)
LASERSIGHT INCORPORATED
-----------------------
Exact name of registrant as specified in its charter
Delaware
--------
State or other jurisdiction of incorporation
0-19671 65-0273162
------- ----------
Commission File Number I.R.S. Employer
Identification No.
3300 University Boulevard, Suite 140, Winter Park, Florida 32792
----------------------------------------------------------------
Address of Principal Executive offices
Registrant's telephone number, including area code: (407) 678-9900
--------------
<PAGE>
Item 5. Other Events
The press release issued by LaserSight Incorporated dated November 17, 1999 is
incorporated by reference herein.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
(c) Exhibits
Exhibit 99 Press Release dated November 17, 1999
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.
LaserSight Incorporated
Date: November 17, 1999 By: /s/Michael R. Farris
--------------------
Michael R. Farris
Chief Executive Officer
2
EXHIBIT 99
NASDAQ SYMBOL: LASE
LASERSIGHT AND VISX AGREE TO STAY PATENT
INFRINGEMENT SUIT AND CONTINUE LICENSE NEGOTIATIONS
---------------------------------------------------
Winter Park, FL (November 17, 1999) -- LaserSight Incorporated (NASDAQ:
LASE) today announced that it had reached agreement with VISX, Inc. (NASDAQ:
VISX) to stay patent litigation filed by VISX on November 15, 1999 to continue
negotiations toward a U.S. license agreement. The parties have been in
negotiations and have made substantial progress. During the stay, LaserSight
will commence manufacturing its laser systems in the U.S. but will not sell,
offer to sell, ship or use commercially its systems in the United States until
the parties enter into a license agreement or the stay is otherwise lifted. This
stay does not affect LaserSight's ability to manufacture or sell its laser
systems outside the U.S. LaserSight believes that this will not alter its
previously announced plan to begin U.S. manufacturing in the fourth quarter of
this year and to commercially ship units to U.S. customers in the first quarter
of 2000. Both parties have retained the ability to withdraw from the licensing
negotiations and allow the litigation to proceed.
Late in the day on November 16, 1999, LaserSight was advised of
litigation filed by VISX asserting that LaserSight technology infringed one
of VISX's U.S. patents for equipment used in ophthalmic surgery. LaserSight does
not believe its technology infringes VISX's patents, but has entered into
license negotiations in order to help facilitate commercialization of its laser
systems in the U.S. On November 15, 1999, LaserSight announced it received FDA
pre-market approval for its LaserScan LSX(TM) Excimer Laser System to treat
myopia of up to -6 diopters, with the ability to treat myopia of up to -10
diopters at the physician's discretion.
LaserSight, Incorporated provides quality technology solutions for laser
refractive surgery and other innovative applications, mainly in the
vision correction industry. The Company has sold its products in more than 30
countries.
This press release contains forward-looking statements regarding
future events and future performance of LaserSight, including statements with
respect to licensing of intellectual property and the timing of
commercialization of our products, which involves risks and uncertainties that
could materially affect actual results. There can be no assurance as to the
terms, timing or consummation of a definitive license agreement with VISX. In
addition, investors should refer to documents that LaserSight files from time to
time with the Securities and Exchange Commission for a description of certain
factors that could cause the actual results to vary from current expectations
and the forward looking statements contained in this press release. Such filings
include, without limitation, the company's Form 10-K, Form 10-Q and Form 8-K
reports.
