UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
December 17, 2009
Date of Report (date of earliest event reported)
SENORX, INC.
(Exact name of Registrant as specified in its charter)
| Delaware | 001-33382 | 33-0787406 |
(State or other jurisdiction of incorporation or organization) | (Commission File Number) | (I.R.S. Employer Identification Number) |
3 Morgan, Irvine, California 92618
(Address of principal executive offices)
(949) 362-4800
(Registrant’s telephone number, including area code)
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01. Other Events.
On December 17, 2009, a jury delivered a verdict in favor of SenoRx, Inc. (“SenoRx” or the “Company”) in a lawsuit brought by Hologic, Inc., Cytyc Corp., and Hologic L.P. (together “Hologic”) in the United States District Court, Northern District of California. Hologic had alleged that SenoRx infringed claims of Hologic’s 6,413,204 and 6,482,142 patents. SenoRx claimed that both patents were invalid, and that the ‘204 patent was not infringed. The jury found that SenoRx was not liable for infringement of the ‘204 patent and that both patents were invalid. A copy of the press release announcing the aforementioned verdict is furnished as Exhibit 99.1 to this Form 8-K and will be available on our website at www.senorx.com.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit No. | Description | |
| 99.1 | Press Release of SenoRx, Inc. dated as of December 18, 2009. |
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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.
| SENORX, INC. | |||
| Date: December 18, 2009 | By: | /s/ Kevin J. Cousins | |
| Kevin J. Cousins | |||
Chief Financial Officer, Vice President, Finance | |||
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