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): May 15, 2006
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))
Item 7.01
Regulation FD Disclosure
As
disclosed in the Registrant's Quarterly Report on Form 10-Q for the quarter
ended March 31, 2006, in November 2003, CONMED Corporation (the "Company")
commenced litigation against Johnson & Johnson and several of its
subsidiaries, including Ethicon, Inc. for violations of federal and state
antitrust laws. The lawsuit claims that Johnson & Johnson engaged in illegal
and anticompetitive conduct with respect to sales of product used in endoscopic
surgery, resulting in higher prices to consumers and the exclusion of
competition. The Company has sought relief which includes an injunction
restraining Johnson & Johnson from continuing its anticompetitive practice
as well as receiving the maximum amount of damages allowed by law. In October
2005, Johnson & Johnson filed a motion for summary judgment and the hearing
on the motion was held on December 16, 2005.
The
Company's Annual Meeting of Shareholders is scheduled to take place on Tuesday,
May 16, 2006 and, in anticipation that there may be questions regarding the
status of the litigation against Johnson & Johnson, the Company is providing
the following update on the status of the lawsuit.
On
May 2,
2006, the court issued an order denying Johnson & Johnson's motion for
summary judgment. The Court has scheduled a pre-trial conference for June 2006.
In its order, the Court found that there are genuine issues of material fact
and
that summary judgment was therefore not appropriate. The order does not
represent a determination on the merits with respect to the Company's claims
against Johnson & Johnson , but rather represents a ruling that the Company
has produced sufficient evidence to warrant submitting the case to a jury.
The
Company believes that its claims are well-grounded in fact and law, but there
can be no assurance that it will be successful in its claims in a trial before
a
jury.
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/
Robert D. Shallish, Jr.
|
|
Vice President - Finance and
|
|
Chief Financial Officer
|
|
|
Date:
May 15,
2006