FORM 8-K

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): June 29, 2004

 

 

SYNBIOTICS CORPORATION

(Exact name of registrant as specified in its charter)

 

 

Commission file number 0-11303

 

California   95-3737816

(State or other jurisdiction

of incorporation )

  

(I.R.S. Employer

Identification No.)

11011 Via Frontera

San Diego, California

   92127
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: (858) 451-3771

 

Item 5. Other Events

 

On June 28, 2004, we announced that we had entered into a settlement with Agen Biomedical Ltd. resolving all ongoing litigation regarding Synbiotics’ US heartworm patent and other contractual matters. The litigation, which began in September 2003, concerned alleged infringement of Synbiotics’ United States Patent 4,789,631 for canine heartworm diagnostics and related supply contract issues. Neither party admitted any liability and both will make application to the respective courts to have their respective cases dismissed with prejudice.

 

Under the settlement agreement we granted Agen a license to our US heartworm patent in exchange for a license fee to be paid now and in June 2005. Further, Agen granted us a license to their European FIV patent and we granted Agen a license to use a Japanese trademark.

 

In addition, we will supply certain antibodies to Agen for use in the manufacture of specific test kits. Agen will pay us a transfer price for the antibodies and a percentage of sales for those test kits.

 

Item 7. Financial Statements, Pro Forma Financial Information and Exhibits

 

  a) Financial statements of businesses acquired

 

Not applicable.

 

  b) Pro forma financial information

 

Not applicable.

 

  c) Exhibits

 

  99 Press release dated June 29, 2004, entitled “ Synbiotics Corporation Secures Settlement With Agen “.

 

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SIGNATURES

 

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 hereunto duly authorized.

 

    SYNBIOTICS CORPORATION

Date: June 30, 2004

  

/s/ Keith A. Butler

   

Keith A. Butler

   

Vice President - Finance and Chief Financial Officer

 

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SECURITIES AND EXCHANGE COMMISSION

 

WASHINGTON, D.C.

 

EXHIBITS

 

TO

 

FORM 8-K

 

UNDER

 

SECURITIES EXCHANGE ACT OF 1934

 

SYNBIOTICS CORPORATION

EXHIBIT INDEX

 

Exhibit No.
  

Exhibit

99   Press release dated June 29, 2004, entitled “ Synbiotics Corporation Secures Settlement With Agen ” .