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): October 28, 2003
Orthofix International N.V.
(Exact name of Registrant as specified in its charter)
Netherlands Antilles 0-19961 N/A
(State or other jurisdiction Commission File Number (I.R.S. Employer Identification
of incorporation) Number)
_____________________________
7 Abraham de Veerstraat
Curacao
Netherlands Antilles
011-59-99-465-8525
(Address of principal executive offices and telephone number,
including area code)
_____________________________
Item 9. Regulation FD Disclosure.
Item 12. Results of Operations and Financial Condition.
The following information is furnished pursuant to Item 9, "Regulation
FD Disclosure" and Item 12, "Results of Operations and Financial Condition." On
October 28, 2003, Orthofix International N.V. ("Orthofix") issued a press
release announcing, among other things, its results of operations for the
quarter ended September 30, 2003. A copy of the press release is attached hereto
as Exhibit 99.1 and is incorporated by reference herein.
In addition, Orthofix announced in its press release dated October 28,
2003 that, excluding $0.9 million in litigation costs related to the KCI patent
infringement case and $1.1 million in after-tax settlement costs associated with
the Office of Inspector General investigation, net income for the third quarter
ended September 30, 2003 would have been $7.4 million, or $0.50 per share. For
the nine months ended September 30, 2003, net income, excluding these litigation
and settlement costs of $2.9 million and $1.1 million, net of tax, respectively,
would have been $21.9 million, or $1.49 per share. Orthofix believes that this
net income measure, excluding these litigation and settlement costs, is a useful
proxy for results from operations because Orthofix did not incur any related
litigation and settlement costs in the third quarter of 2002 or for the nine
months ended September 30, 2002.
Exhibit
99.1 Press release of Orthofix International N.V. dated October 28,
2003
Signature
Pursuant to the requirements of the Securities Exchange Act of 1934,
as amended, the registrant has duly caused this report to be signed on its
behalf by the undersigned hereunto duly authorized.
Dated: October 28, 2003
ORTHOFIX INTERNATIONAL N.V.
By: /S/ THOMAS HEIN
-----------------------------------
Name: Thomas Hein
Title: Chief Financial Officer