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VOLC > SEC Filings for VOLC > Form 8-K on 19-Oct-2012All Recent SEC Filings

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Other Events

Item 8.01 Other Events

As previously disclosed, on July 27, 2010, St. Jude Medical, Inc. ("St. Jude") filed a lawsuit against Volcano Corporation (the "Company") in federal district court in Delaware, alleging that the Company's pressure guide wire products infringe five patents owned by St. Jude. One of those patents were subsequently eliminated from the litigation through summary judgment on October 12, 2012, and a one-week jury trial on the remaining four St. Jude patents at issue was held commencing on October 15, 2012.
Although several post-trial motions and trials are pending or remain available to the parties in the case, on October 19, 2012 the jury ruled in favor of the Company with respect to all four patents, finding that Volcano's pressure sensing guidewire products do not infringe St. Jude patents 6112598 (a sensor mount patent) and 6248083 (a calibration patent). In addition, the jury found that St. Jude patents 5938624 and 6196980 (connector patents) were invalid. Forward-Looking Statements

This report contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Any statements in this report that are not historical facts may be considered "forward-looking statements" including statements regarding the impact of the verdict discussed above, potential results of any litigation, potential infringement or non-infringement of third-party intellectual property rights or the Company's intellectual property rights and applicable remedies, and the potential benefits of the Company's products and procedures. Forward-looking statements are based on management's current expectations and are subject to risks and uncertainties which may cause the Company's results to differ materially and adversely from the statements contained herein. Some of the potential risks and uncertainties that could cause actual results to differ include unfavorable developments in the ongoing litigation described above or other litigation, the Company's ability to obtain the relief it seeks in the litigation described above or other litigation, the Company's ability to obtain or maintain patent or other proprietary intellectual property protection, unexpected regulatory actions or delays or government regulation generally, unexpected new data, safety and technical issues, market conditions and other risks inherent to medical device companies and patent litigation. These and additional risks and uncertainties are more fully described in the Company's filings made with the Securities and Exchange Commission, including the Company's most recent quarterly report on Form 10-Q. Undue reliance should not be placed on forward-looking statements which speak only as of the date they are made. The Company undertakes no obligation to update any forward-looking statements to reflect new information, events or circumstances after the date they are made, or to reflect the occurrence of unanticipated events.

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