8-K 1 f8k_102803.txt CURRENT REPORT 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): October 28, 2003 Orthofix International N.V. (Exact name of Registrant as specified in its charter)
Netherlands Antilles 0-19961 N/A (State or other jurisdiction Commission File Number (I.R.S. Employer Identification of incorporation) Number)
_____________________________ 7 Abraham de Veerstraat Curacao Netherlands Antilles 011-59-99-465-8525 (Address of principal executive offices and telephone number, including area code) _____________________________ Item 9. Regulation FD Disclosure. Item 12. Results of Operations and Financial Condition. The following information is furnished pursuant to Item 9, "Regulation FD Disclosure" and Item 12, "Results of Operations and Financial Condition." On October 28, 2003, Orthofix International N.V. ("Orthofix") issued a press release announcing, among other things, its results of operations for the quarter ended September 30, 2003. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated by reference herein. In addition, Orthofix announced in its press release dated October 28, 2003 that, excluding $0.9 million in litigation costs related to the KCI patent infringement case and $1.1 million in after-tax settlement costs associated with the Office of Inspector General investigation, net income for the third quarter ended September 30, 2003 would have been $7.4 million, or $0.50 per share. For the nine months ended September 30, 2003, net income, excluding these litigation and settlement costs of $2.9 million and $1.1 million, net of tax, respectively, would have been $21.9 million, or $1.49 per share. Orthofix believes that this net income measure, excluding these litigation and settlement costs, is a useful proxy for results from operations because Orthofix did not incur any related litigation and settlement costs in the third quarter of 2002 or for the nine months ended September 30, 2002. Exhibit 99.1 Press release of Orthofix International N.V. dated October 28, 2003 Signature Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Dated: October 28, 2003 ORTHOFIX INTERNATIONAL N.V. By: /S/ THOMAS HEIN ----------------------------------- Name: Thomas Hein Title: Chief Financial Officer