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): January 26, 2006
Kinetic Concepts, Inc.
(Exact name of registrant as specified in its charter)
Texas 0001-09913 74-1891727
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(State or other (Commission (IRS Employer
jurisdiction File Number) Identification No.)
of incorporation)
8023 Vantage Drive 78230
San Antonio, Texas
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (210) 524-9000
(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 obligations 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 8.01. Other Events
On January 26, 2006, Kinetic Concepts, Inc. ("KCI" or the "Company") announced
that the Federal District Court for the Western District of Texas issued its
ruling on the November Markman hearing in KCI's patent suit against BlueSky
Medical. In its ruling, the Court construed certain terms of U.S. Patent Nos.
5,636,643 and 5,645,081. The Court's ruling is consistent with KCI's proposed
construction on four of the five claim terms construed in the order. The Court
construed the fifth claim term in a manner that differs from the construction
proposed by each of the parties to the case. The Company also stated that it
continues to believe that its case against the defendants is meritorious and
that it intends to continue the vigorous prosecution of the case.
A copy of the press release announcing the ruling is attached as Exhibit 99.1
hereto.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits
99.1 Press Release of Registrant dated January 26, 2006, entitled
"Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky
Patent Suit".
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.
KINETIC CONCEPTS, INC.
Date: January 26, 2006 By: /s/ Martin J. Landon
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Name: Martin J. Landon
Title: Vice President, Chief
Financial Officer
EXHIBIT INDEX
EXHIBIT NO. DESCRIPTION
99.1 Press Release of Registrant dated January 26, 2006, entitled
"Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky
Patent Suit".