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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
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Date of Report (Date of earliest event reported) April 22, 1998 Commission
File Number
IGEN INTERNATIONAL, INC.
(Exact name of registrant)
Delaware 94-2852543
(State of organization) (I.R.S. Employer Identification Number)
16020 Industrial Drive, Gaithersburg Maryland 20877
(Address of principal executive offices and zip code)
(301) 984-8000
(Registrant's telephone Number)
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ITEM 5. OTHER EVENTS
IGEN International, Inc. (the "Company") issued the following press notice on
April 22, 1998:
GAITHERSBURG, MD, April 22, 1998 -- IGEN International, Inc. (NASDAQ:
IGEN) said today that it has asked a Maryland federal court to enjoin
Germany-based Boehringer Mannheim from marketing, selling, or
distributing its Elecsys products, which are based on IGEN's
proprietary ORIGEN-Registered Trademark- technology, to physicians'
office laboratories. In papers filed with the federal court, IGEN
said that it has evidence that Boehringer Mannheim, which was acquired
by F. Hoffman La-Roche earlier this year, is marketing products based
on IGEN's technology to physicians' office laboratories, which the
Company said is a clear violation of the 1992 licensing agreement
between IGEN and Boehringer Mannheim.
IGEN said that the 1992 agreement granted Boehringer Mannheim rights
to develop and commercialize diagnostic systems based on IGEN's ORIGEN
technology for use in centralized hospital laboratories and clinical
reference laboratories only. IGEN retains the rights to exploit its
technology in all other diagnostic markets, including point-of-care
settings, such as doctors' offices, emergency rooms, and nursing homes.
In 1996, Boehringer Mannheim began marketing and distributing its Elecsys
line of diagnostic systems based on ORIGEN technology. IGEN recently
learned that those activities were not limited to Boehringer Mannheim's
licensed fields.
In addition to requesting the injunction, IGEN has asked the court for
further relief, including an order requiring Boehringer Mannheim to
refer all point-of-care and other customers outside of Boehringer
Mannheim's licensed field to IGEN for future reagent supply needs and
to place all revenues derived from unauthorized sales in escrow
pending the outcome of the litigation.
In September 1997, IGEN filed legal action against Boehringer Mannheim
alleging numerous breaches of the licensing agreement, including
charges that Boehringer Mannheim had failed to pay adequate royalties
and had sold ORIGEN-based systems outside of its licensed field. This
request for an injunction was filed as part of the same action.
STATEMENTS IN THIS RELEASE THAT RELATE TO LITIGATION, IMPROVEMENT OF
FINANCIAL OR OPERATIONAL PERFORMANCE AND NEW PRODUCT PLANS ARE
FORWARD-LOOKING STATEMENTS. ACTUAL RESULTS MIGHT DIFFER MATERIALLY FROM
THESE STATEMENTS DUE TO RISKS AND UNCERTAINTIES, INCLUDING THE IMPACT OF
COMPETITIVE PRODUCTS AND PRICING, THE MARKET ACCEPTANCE OF NEW PRODUCTS
AND MARKET CONDITIONS. A MORE DETAILED DESCRIPTION OF THESE RISKS
APPLICABLE TO IGEN APPEARS IN IGEN'S ANNUAL REPORT ON FORM 10-K FOR THE
YEAR ENDED MARCH 31, 1997, FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION AND AVAILABLE UPON REQUEST FROM IGEN. IGEN DISCLAIMS ANY
INTEREST OR OBLIGATION TO UPDATE THESE FORWARD LOOKING STATEMENTS.
IGEN and ORIGEN-Registered Trademark- are registered trademarks of
IGEN International, Inc.
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SIGNATURE
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.
IGEN INTERNATIONAL, INC.
BY: /s/ GEORGE V. MIGAUSKY
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George V. Migausky
Chief Financial Officer
Dated: April 22, 1998
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