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
Date of Report (Date of earliest event reported): October 13, 2006
AVITAR, INC.
(Exact Name of Registrant as Specified in Charter)
Delaware 1-15695 06-1174053
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
65 Dan Road, Canton, Massachusetts 02021
(Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code: (781) 821-2440
Not Applicable
(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:
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 August 16, 2006, a Complaint was filed in United States District Court,
District of New Jersey, by Sun Biomedical Laboratories, Inc., Plaintiff, against
Avitar Technologies, Inc., Defendant, a wholly-owned subsidiary of Avitar. In
the Complaint, Plaintiff alleged among other things breaches of contract, patent
infringement and unfair competition and it seeks damages and injunctions. A
Summons in this case was not issued until September 22, 2006 and the Summons was
not delivered to Avitar until October 13, 2006.
The alleged breach of contract is based upon an agreement made in 1999 related
to the development of products and sales of goods. The last invoice issued to
the Defendant was sent by Plaintiff in August 2002. In September 2002, Avitar
advised the Plaintiff that the Defendant owes nothing to the Plaintiff and that
the Plaintiff would owe substantial amounts for its failures to perform in
accordance with their agreement.
Based upon a preliminary evaluation of this lawsuit, it appears that certain
claims are likely barred by the applicable statute of limitations and, in the
Company's view, the remainder of the claims are substantially without merit.
Further assessment will be made upon ongoing evaluation. In the meantime, the
Company intends to defend the suit vigorously and to put forward all appropriate
counterclaims.
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.
Date: October 27, 2006 AVITAR, INC.
By: /s/ Jay Leatherman
Name: Jay Leatherman
Title: Chief Financial Officer