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): August 3, 2006
Kinetic Concepts, Inc.
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(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
San Antonio, Texas 78230
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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 August 3, 2006, Kinetic Concepts, Inc. ("KCI" or the "Company") announced
that a U.S. District Court jury found that the Wake Forest patents involved in
the litigation against BlueSky Medical Group, Inc. and Medela AG are valid and
enforceable. The jury also found that the patent claims involved in the case
are not infringed by the Versatile 1 system marketed by BlueSky. The Wake
Forest patents relate to KCI's V.A.C. technology used for the treatment of
patients with serious, complex wounds.
KCI intends to challenge the finding of non-infringement before the trial court
and on appeal, and there are likely to be significant post-verdict motions and
hearings. The Court has not yet set a post-verdict schedule, and will issue its
final judgment in future proceedings.
A copy of the press release announcing the jury verdict is attached as Exhibit
99.1 hereto. A copy of the press release announcing the conference call to
discuss the verdict, to be held at 8:30am EDT on Friday, August 4, 2006, is
attached as Exhibit 99.2 hereto.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
Exhibit No. Description
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99.1 Press Release of Registrant dated August 3, 2006, entitled
"KCI Announces Jury Verdict in Patent Case."
99.2 Press Release of Registrant dated August 3, 2006, entitled
"KCI to Host Conference Call Regarding Jury Verdict."
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: August 3, 2006 By: /s/ Martin J. Landon
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Name: Martin J. Landon
Title: Senior Vice President,
Chief Financial Officer
EXHIBIT INDEX
Exhibit No. Description
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99.1 Press Release of Registrant dated August 3, 2006, entitled
"KCI Announces Jury Verdict in Patent Case."
99.2 Press Release of Registrant dated August 3, 2006, entitled
"KCI to Host Conference Call Regarding Jury Verdict."