UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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): February 23, 2005 (February 17, 2005)
SPECTRX, INC.
| Delaware (State or other jurisdiction of incorporation) |
0-22179 (Commission File Number) |
58-2029543 (IRS Employer Identification No.) |
| 4955 Avalon Ridge Parkway, Norcross, Georgia (Address of principal executive offices) |
30071 (Zip Code) |
Registrant’s telephone number, including area code: (770) 242-8723
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | ||||
| o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | ||||
| o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2 (b)) | ||||
| o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4 (c)) | ||||
Item 8.01 Other Events.
SpectRx, Inc. announced that it has initiated litigation against Abbott Laboratories related to a previously disclosed dispute over intellectual property issues. Attempts to resolve these issues through negotiation have failed and, unfortunately, litigation is required. SpectRx is represented by Bondurant, Mixson and Elmore, LLP, under a contingency fee arrangement.
“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995. A number of the matters and subject areas discussed in this report that are not historical or current facts deal with potential future circumstances and developments. The discussion of such matters and subject areas is qualified by the inherent risks and uncertainties surrounding future expectations generally and also may materially differ from SpectRx’s actual future experience involving any of or more of such matters and subject areas. Such risks and uncertainties include: the early stage of products in development, the uncertainty of market acceptance of products, the uncertainty of development or effectiveness of distribution channels, the intense competition in the medical device industry, the uncertainty of capital to develop products, the uncertainty of regulatory approval of products, dependence on licensed intellectual property, as well as those that are more fully described from time to time in SpectRx’s reports under the heading “Risk Factors” filed with the SEC, including SpectRx’s Annual Report on Form 10-K/A for the fiscal year ended December 31, 2003 and subsequent quarterly reports. This report speaks only as of its date, and SpectRx disclaims any duty to update the information herein.
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 thereunto duly authorized.
| SPECTRX, INC. |
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| /s/ William D. Arthur, III | ||||
| By: | William D. Arthur, III | |||
| President and Chief Operating Officer | ||||
Date: February 23, 2005