UNITED STATES
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 6, 2005
Third Wave Technologies, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware 000-31745 39-1791034
- --------------------------------------------------------------------------------
(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
502 South Rosa Road, Madison, Wisconsin 53719
- ---------------------------------------- ----------
(Address of Principal Executive Offices) (Zip Code)
(608) 273-8933
(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:
|_| Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure.
On September 6, 2005, Third Wave Technologies, Inc. ("Third Wave")
reported that a federal jury found Stratagene Corp. guilty of willfully
infringing two key patents that protect Third Wave's nucleic acid chemistry and
awarded Third Wave $5.3 million in damages. Stratagene had aggressively
challenged the validity of those patents, but the jury also upheld their
validity.
A copy of the news release announcing the verdict and award in the
Stratagene lawsuit is filed with this report as Exhibit 99.1 and is hereby
incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
99.1 News Release
2
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has fully caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
THIRD WAVE TECHNOLOGIES, INC.
Date: September __, 2005 By: /s/ Kevin T. Conroy
--------------------------
Name: Kevin T. Conroy
Title: Vice President,
General Counsel and Secretary
3
SECURITIES AND EXCHANGE COMMISSION
Washington, DC
EXHIBITS
CURRENT REPORT
ON
FORM 8-K
Date of Event Reported: September 6, 2005 Commission File No: 000-31745
THIRD WAVE TECHNOLOGIES, INC.
EXHIBIT INDEX
Exhibit No. Exhibit Description
----------- -------------------
99.1 News Release