Item 8.01 Other Events.

In June 2007, we sued Becton, Dickinson and Company ("BD") in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of three patents (5,578,011 [subsequently dropped from the case]; 5,632,733; and 6,090,077) and violations by BD of the federal and state antitrust laws, and of the Lanham Act. In April 2008, we and Thomas J. Shaw sued BD in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of another recently issued patent (7,351,224). We moved to consolidate this case with the other patent case against BD that was pending in Marshall and the Court granted our motion, consolidating this case with our above-stated case filed in June 2007.

The consolidated case was set for trial in the month of March 2009. (Dkt. No. 79) The Court, however, just recently issued its claim construction ruling on January 20, 2009. In a normal situation, expert discovery would be completed 140 days after a claim construction ruling. In consideration of BD's Motion to Continue Trial Date the Court found that such discovery cannot be expedited in the next 27 days without substantial prejudice to the one or both parties involved. Moreover, the Court stated that the congestion in its March docket made it unlikely that the case could even be tried in March. Accordingly, the Court granted BD's motion and has reset the trial for October 2009. The parties are ordered to submit proposed scheduling orders by February 20, 2009.