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: May 10, 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 April 27, 2005, Cytomedix, Inc. filed its Form 8-K, File No. 000-28443,
announcing that Cytomedix had settled its patent infringement lawsuit against
Medtronic, Inc. which was filed on November 10, 2004, in the United States
District Court for the District of Maryland, Case No. 04-3593. The Form 8-K
filed on such date also disclosed that Cytomedix had entered into a license
agreement with Medtronic for all applications of Cytomedix's autologous platelet
releasate therapy and attached the press release announcing these events.
Attached hereto as Exhibit 99.1 and incorporated herein by reference is the
Settlement and License Agreement between Cytomedix and Medtronic.
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
- ----------- -----------
Exhibit 99.1 Settlement and License Agreement between Cytomedix, Inc., and
Medtronic, Inc.
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: May 10, 2005