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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
December 12, 1997
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(Date of Report; Date of Earliest Event Reported)
BioSepra Inc.
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(Exact name of registrant as specified in charter)
Delaware
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(State or other jurisdiction of incorporation)
0-23678 04-3216867
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(Commission File Number) (I.R.S. Employer
Identification No.)
111 Locke Drive, Marlborough, Massachusetts 01757
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(Address of Principal Executive Offices) (Zip Code)
(508) 357-7500
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(Registrant's Telephone Number, Including Area Code)
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INFORMATION TO BE INCLUDED IN THE REPORT
ITEM 5. OTHER EVENTS
On December 12, 1997, BioSepra Inc. (the "Company") announced that it has
entered into a settlement of the patent lawsuit brought against the Company and
Sepracor Inc. by PerSeptive Biosystems, Inc. A copy of the press release
relating to this announcement is attached hereto as EXHIBIT 99.1.
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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 thereunto duly authorized.
Date: December 29, 1997 BIOSEPRA INC.
By: /s/ Jean-Marie Vogel
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Jean-Marie Vogel
President and Chief
Executive Officer
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EXHIBIT INDEX
99.1 Press Release dated December 12, 1997.
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Exhibit 99.1
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[LOGO: BIOSEPRA] A NEW VISION IN BIOPROCESSING
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PerSeptive Biosystems And BioSepra Announce
Settlement Of Patent Suit
FRAMINGHAM, Mass and MARLBOROUGH, Mass.--Dec. 12, 1997--PerSeptive
Biosystems, Inc. (Nasdaq: PBIO and BioSepra Inc. (Nasdaq: BSEP) announced today
that they have settled PerSeptive's long standing patent lawsuit against
BioSepra and Sepracor Inc. (Nasdaq: SEPR).
Under the terms of the settlement, PerSeptive will receive an unspecified
amount and BioSepra will obtain a limited, non-exclusive license under
PerSeptive's Perfusion Chromatography(R) patents to make, use and sell its
HyperD(R) product line free of claims of infringement. BioSepra and Sepracor
will be removed as defendants in the litigation. Other terms of the settlement
were not disclosed. PerSeptive's litigation against Pharmacia will continue.
Samuel P. Hunt III, Vice President and General Counsel of PerSeptive,
stated, "We are pleased to have settled our differences with BioSepra and
Sepracor. Going forward we will continue to vigorously pursue our infringement
litigation against Pharmacia-Biotech, and are confident that we will ultimately
prevail."
Jean-Marie Vogel, President and CEO of BioSepra, said, "We are pleased to
end the heavy expenses associated with this litigation. This matter is now
settled. We are moving forward with a renewed focus on our business."
Any statements which are not historical facts contained in this release,
including statements concerning the outcome of litigation, are forward looking
statements. Forward looking statements involve risks and uncertainties that
could cause actual results to differ materially from those projected, including
those inherent in legal proceedings and other risks identified in the companies'
Securities and Exchange Commission filings.
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CONTACT:PerSeptive Biosystems, Inc.
Samuel P. Hunt III, 508-383-8700
or
BioSepra Inc.
Peter Castellanos, 508-357-7500
BioSepra Inc., 111 Locke Drive, Marlborough, MA 01752 Tel: 800.752.5277
Fax.508.480.8785 WWW. http://www.biosepra.com
