Form 8-K

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): September 12, 2007

 

ALPHATEC HOLDINGS, INC.

(Exact name of registrant as specified in its charter)

 

 

Delaware   000-52024   20-2463898

(State or other jurisdiction

of incorporation)

   (Commission File Number)  

(IRS Employer

Identification No.)

2051 Palomar Airport Road

Carlsbad, CA 92011

(Address of principal executive offices and zip code)

Registrant’s telephone number, including area code: (760) 431-9286

 

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 (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 8.01 Other Events

In another case initiated by DePuy Spine, Inc. (“DePuy Spine”) involving the alleged infringement of U.S. Patent No. 5,207,678 (the “678 Patent”) by a spine company, the United States District Court for the Central District of California issued an order dated August 31, 2007 that invalidated five of the seven claims of the 678 Patent. The two claims of the 678 Patent that were not invalidated, Claim 2 and Claim 7, both require locking nuts on either side of the screw body. As previously disclosed, a subsidiary of Alphatec Holdings, Inc., Alphatec Spine, Inc. (“Alphatec Spine”), is the defendant in a suit initiated by DePuy Spine that alleges infringement of the 678 Patent. Alphatec Spine believes that all of its products are outside the scope of both of the non-invalidated claims as none of Alphatec Spine’s products have locking nuts on either side of the screw body. Alphatec Spine is evaluating its position with respect to its litigation with DePuy Spine involving the 678 Patent. DePuy Spine has the right to appeal this order by filing an appeal with the United States Court of Appeals for the Federal Circuit.

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.

 

  ALPHATEC HOLDINGS, INC.
Dated: September 13, 2007  
 

/s/ Ebun S. Garner, Esq.

  Ebun S. Garner, Esq.
  General Counsel and Vice President, Compliance