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: March 8, 2005
CYTOMEDIX, INC.
(Exact name of registrant as it appears in its charter)
Delaware 0-28443 23-3011702
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
416 Hungerford Drive, Suite 330
Rockville, Maryland 20850
(Address of principal executive offices and zip code)
240-499-2680
(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))
Section 1 - Registrant's Business and Operations
Item 1.01 Entry into a Material Definitive Agreement
On March 7, 2005, Cytomedix, Inc. entered into a second licensing
agreement with DePuy Spine Inc. (f/k/a DePuy AcroMed, Inc.), a Johnson and
Johnson company. Pursuant to this second license agreement, Cytomedix licensed
its patented autologous platelet releasate therapy to DePuy to practice and use
in all fields other than (i) for the treatment of chronic wounds or (ii) for
spinal, orthopedic and neurosurgical applications which are covered by
Cytomedix's existing license agreement with DePuy. This second license agreement
is nonexclusive.
In connection with the execution of the second license agreement,
Cytomedix amended its existing agreement with DePuy dated March 19, 2001
(previously filed as an exhibit to Form 10-KSB filed April 16, 2001). This first
license agreement granted to DePuy the exclusive license to Cytomedix's
autologous platelet releasate therapy for spinal, orthopedic and neurosurgical
applications. The amendment modified the terms of the first license agreement to
eliminate the exclusivity provisions and to convert the agreement to a
non-exclusive license to practice in those fields.
Cytomedix issued the attached press release announcing that it had
amended its 2001 license agreement with DePuy and entered into a second
licensing agreement to use the autologous platelet releasate therapy in fields
outside of those granted in the first license agreement. The press release is
filed as Exhibit 99.1 and incorporated herein by reference.
Section 9--Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits. The following Exhibit is furnished with this Current Report on
Form 8-K:
Exhibit No. Description
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Exhibit 99.1 Press Release of Cytomedix, Inc., dated March 8, 2005.
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.
CYTOMEDIX, INC.
By: /s/ Kshitij Mohan
-------------------------
Kshitij Mohan
Chief Executive Officer
Date: March 8, 2005