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): March 15, 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 March 15, 2004, we issued a press release announcing that the United States District Court for the Southern District of California (the “Court”) has issued a Temporary Restraining Order against Agen Biomedical Limited (“Agen”), preventing Agen’s canine heartworm diagnostic product from entering the United States market. The Court ordered that Agen, their directors, officers, employees, agents, servants, and all those in active concert or participation with them, are restrained from importing, making, using, selling, or offering for sale, in the United States, any canine heartworm kit containing the DI 16 872.5 monoclonal antibody manufactured or supplied by Agen. The Court ruled earlier that Synbiotics was likely to succeed on the merits of its claim that Agen’s canine heartworm diagnostic product, STATScreenTM CHW, which contains Synbiotics’ DI 16 872.5 monoclonal antibody, infringed Synbiotics’ United States Patent 4,789,631.

 

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 March 15, 2004, entitled “Synbiotics Corporation Wins Temporary Restraining Order Against Agen Biomedical Limited”.

 

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: March 19, 2004

  

/s/ Keith A. Butler

   

Keith A. Butler

   

Vice President - Finance and Chief Financial Officer

 

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 March 15, 2004, entitled “Synbiotics Corporation Wins Temporary Restraining Order Against Agen Biomedical Limited.