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): April 11, 2017
CONMED CORPORATION
(Exact name of registrant as specified in its charter)
| New York | 0-16093 | 16-0977505 | ||
| (State or other jurisdiction of | (Commission | (I.R.S. Employer | ||
| incorporation or organization) | File Number) | Identification No.) |
525 French Road
Utica, New York 13502
(Address of principal executive offices, including zip code)
(315) 797-8375
(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 obligations 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 8.01 Other Events
On April 11, 2017, CONMED Corporation (“CONMED”) issued a press release announcing a jury verdict finding CONMED’s subsidiary, SurgiQuest, liable for $2.2 million in compensatory damages with an additional $10.0 million in punitive damages. As previously disclosed, SurgiQuest became a subsidiary of CONMED on January 4, 2016, at which time CONMED assumed the costs and liabilities related to a previously pending lawsuit with Lexion Medical LLC, subject to the terms of the merger agreement. The underlying claims were that SurgiQuest had engaged in false advertising under the Lanham Act, and had engaged in violations of Delaware state laws, including deceptive trade practices and unfair competition. Lexion sought damages of $22.0 million in compensatory damages for its alleged lost profits and $18.7 million for costs related to alleged “corrective advertising” as well as an unspecified sum for disgorgement of SurgiQuest’s alleged profits. The jury awarded compensatory damages of $2.2 million and punitive damages of $10.0 million. The Court entered judgment on April 13, 2017. A copy of the press release is attached as Exhibit 99.1 hereto and is incorporated by reference herein.
Item 9.01 Financial Statements and Exhibits.
| (d) | Exhibits |
The following exhibit is included herewith:
| Exhibit No. |
Description of Exhibit | |
| 99.1 | Press Release dated April 11, 2017, issued by CONMED Corporation. | |
Signature
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 thereunto duly authorized.
| CONMED CORPORATION | ||
| (Registrant) | ||
| By: | /s/ Luke A. Pomilio | |
| Name: |
Luke A. Pomilio | |
| Title: |
Executive Vice President-Finance and Chief Financial Officer | |
Date: April 13, 2017
EXHIBIT INDEX
| Exhibit Number |
Exhibit Description | |
| 99.1 | Press Release, dated April 11, 2017, issued by CONMED Corporation. | |