-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, UdRRC1JkK4i84QqmB6g+H8z498hXBp9IlMpDv6xxqy35Gjcn4U3kqwnUkZn9WRmo JXIMzGozM0jUliahTVyveQ== 0000950134-03-012613.txt : 20030910 0000950134-03-012613.hdr.sgml : 20030910 20030910100231 ACCESSION NUMBER: 0000950134-03-012613 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030909 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030910 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LIFECORE BIOMEDICAL INC CENTRAL INDEX KEY: 0000028626 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 410948334 STATE OF INCORPORATION: MN FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-04136 FILM NUMBER: 03889023 BUSINESS ADDRESS: STREET 1: 3515 LYMAN BLVD CITY: CHASKA STATE: MN ZIP: 55318-3051 BUSINESS PHONE: 6123684300 FORMER COMPANY: FORMER CONFORMED NAME: DIAGNOSTIC INC DATE OF NAME CHANGE: 19861214 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN MEDICAL RESEARCH INC DATE OF NAME CHANGE: 19691118 8-K 1 c79519e8vk.htm FORM 8-K e8vk
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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): September 9, 2003

 
Lifecore Biomedical, Inc.
(Exact name of Registrant as specified in its charter)
         
Minnesota   O-4136   41-0948334
 
 
(State or other jurisdiction of
incorporation or organization)		   (Commission File Number)   (IRS Employer Identification No.)
 
3515 Lyman Boulevard
Chaska, Minnesota		   55318
 
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: 952-368-4300

 

Item 7. Financial Statements and Exhibits
Item 9. Regulation FD Disclosure
SIGNATURE
Exhibit Index
EX-99.1 Press Release

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Item 7. Financial Statements and Exhibits

(c)  The following exhibit is being furnished herewith:

     99.1       Press release dated September 9, 2003

Item 9. Regulation FD Disclosure

On September 9, 2003, Lifecore Biomedical, Inc. (“Lifecore”) issued a press release which announced today that United States District Court for the District of Massachusetts has dismissed The Straumann Company’s lawsuit against Lifecore relating to its Stage-1™ Single Stage Dental Implant System. A copy of Lifecore’s press release is attached hereto as Exhibit (99.1) and hereby incorporated by reference.

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

   
  LIFECORE BIOMEDICAL, INC.

Dated: September 10, 2003

   
  /w/ James W. Bracke
James W. Bracke
President & Chief Executive Officer

 

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Exhibit Index

     99.1   Press release dated September 9, 2003

  EX-99.1 3 c79519exv99w1.htm EX-99.1 PRESS RELEASE exv99w1

 

Exhibit 99.1

LIFECORE PREVAILS OVER STRAUMANN IN TRADE DRESS LAWSUIT.

CHASKA, MN. September 9, 2003 — LIFECORE BIOMEDICAL, INC. (Nasdaq:LCBM) announced today that United States District Court for the District of Massachusetts has dismissed The Straumann Company’s (“Straumann”) lawsuit against Lifecore relating to its Stage-1™ Single Stage Dental Implant System.

     Straumann sued Lifecore in March of 2000 seeking to stop Lifecore’s sales of the Stage-1™ implants. Straumann’s complaint alleged trade dress infringement under the Lanham Act; common law trademark and trade dress infringement; and unfair competition. The Court’s order granted Lifecore’s motion for summary of judgment and dismissed all of Straumann’s claims. The Court held that Straumann’s evidence was not sufficient to even merit a trial on its claims.

     Lifecore President and CEO, Jim Bracke, commented: “We are extremely pleased by this result. The Court’s order vindicates Lifecore’s right to continue selling the Stage-1™ system. Furthermore, the outcome of this lawsuit was aided by the careful work of the Company’s trial counsel, Dorsey & Whitney, in cooperation with the Company’s insurance provider, The Chubb Group.”

     Lifecore Biomedical develops, manufactures, and markets biomaterials and medical devices for use in various surgical markets.

     Lifecore news and general information are available through its website at http://www.lifecore.com, by electronic mail at info@Lifecore.com, or by telephone at 952.368.4300. CONTACT:

 
Jim Bracke, President and CEO
Dennis J. Allingham, E.V.P. and CFO
Colleen M. Olson, V.P. Corporate Administrative Operations

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