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): November 29, 2004
CNS, Inc.
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(Exact name of Registrant as Specified in its Charter)
Delaware
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(State Or Other Jurisdiction Of Incorporation)
0-16612 41-1580270
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(Commission File Number) (I.R.S. Employer Identification No.)
7615 Smetana Lane
Eden Prairie, MN 55344
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(Address Of Principal Executive Offices) (Zip Code)
(952) 229-1500
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Registrant's Telephone Number, Including Area Code
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):
|_| 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))
Items under Sections 1 through 7 and 9 are not applicable and therefore omitted.
ITEM 8.01 OTHER EVENTS.
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On February 18, 2004, CNS, Inc. (the "Company"), together with Creative
Integration & Design, Inc., sued Silver Eagle Labs, Inc. ("Silver Eagle") in the
United States District Court for the District of Minnesota for infringement of
two nasal dilator patents owned by Creative Integration & Design, Inc. and
exclusively licensed to the Company. The two patents at issue are U.S. Patent
No. 6,318,362 (the " '362 Patent") and U.S. Patent No. 3,533,503 (the " '503
Patent"). The suit seeks injunctive relief, damages, enhanced damages for
willful infringement, attorneys' fees and costs. Silver Eagle has counterclaimed
for a declaration that the '362 Patent and '503 Patent are invalid and not
infringed and asks for its attorneys' fees and costs.
On November 24, 2004, the Company announced that the U.S. Patent and
Trademark Office will reexamine the '362 Patent and the '503 Patent. In response
to this action by the U.S. Patent and Trademark Office, on November 29, 2004,
the Court issued an order staying the Company's suit against Silver Eagle
pending the reexamination. The Company believes that when the '362 and '503
Patents emerge from reexamination, the Company will maintain significant patent
protection under those patents and will recommence enforcement of those patents
in the litigation described above. The Company maintains patent protection for
its nasal dilator products under other United States and foreign patents and
will continue to vigorously enforce all of its intellectual property.
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, thereunto duly authorized.
CNS, INC.
By: /s/ Marti Morfitt
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Marti Morfitt
President and Chief Executive Officer
Date: November 30, 2004