The short answer to your inquiry is "no", my case was not taken to trial (and the name of the defendant was API Outdoors  ---  pardon my prior error, but it's been a long time).

I wish I'd read this 3 hours ago LOL I was wondering why I could find nothing on the case. As to the "proverbial needle in the haystack"

COBE LABORATORIES, INC. 
V. AVECOR CARDIOVASCULAR, INC., Case No. 95-WY-2284-CB

SETTLEMENT AGREEMENT

   This Settlement Agreement, entered into and effective as of June 30, 1996
(the "Effective Date") is between Cobe Laboratories, Inc. ("Cobe") and Avecor  
Cardiovascular, Inc. ("Avecor").                                               

  WHEREAS, Cobe and Avecor are parties to the lawsuit in the United States
District Court for the District of Colorado, captioned COBE LABORATORIES, INC. 
V. AVECOR CARDIOVASCULAR, INC., Case No. 95-WY-2284-CB (the "Lawsuit"); and    

WHEREAS, Cobe and Avecor entered into the Binding Term Sheet having an
effective date of June 30, 1996, which provides that Cobe and Avecor shall each
grant a license to the other (the "Licenses") and shall enter into a settlement
agreement, said  Licenses and settlement agreement to be in accord with the    
Binding Term Sheet.                                                            

NOW, THEREFORE, in consideration of the settlement, including without
limitation the releases, dismissal of the lawsuit and payments, and the        
Licenses, the receipt and adequacy of which are hereby acknowledged by both    
parties, Cobe and Avecor agree as follows:                                     

1.   ENFORCEMENT OF COBE PATENTS.                                    

(a)  For the five year period beginning on August 6, 1996, Cobe may  
actively prosecute patent enforcement litigation under one or more of Cobe     
Patents (at least under the '490 patent) against a Significant Manufacturer    
having at least a two and one-half percent (2 1/2%) share of sales in the      
United States of integrated microporous membrane oxygenators with hard shell   
venous reservoirs disposed above the membrane.  Cobe shall be deemed to be     
actively prosecuting enforcement if no more than 180 days lapses between       
settlement (or license) or final adjudication of one case with one Significant 
Manufacturer and the settlement (or license), or filing and service of a       
complaint in a subsequent case with another Significant Manufacturer.  For the 
purpose of satisfying enforcement under this paragraph 1(a), such settlement   
(or license) shall require reasonable consideration.  Notwithstanding anything 
to the contrary, if a complaint is not filed and served during the first 12    
months following August 6, 1996, Cobe shall be deemed to have satisfied the    
foregoing requirements only if Cobe has settled (or licensed) by August 6, 1997
with at least two un-Affiliated Significant Manufacturers with reasonable      
consideration from each.

  (b)  Cobe may, as an alternative to actively prosecuting enforcement under
paragraph 1(a), bring under license of the '490 Patent at least 50% of the     
sales in the United States with respect to the calendar year preceeding each   
anniversary date of August 6 of integrated microporous membrane oxygenators    
with hard shell venous reservoirs disposed above the membrane by all           
manufacturers other than Cobe.  Such license, for the purpose of the payments  
under paragraph 2, shall require reasonable consideration for the license.     

   (c)  The parties shall meet in June of 1997 through 2001 and cooperate to
determine by August 6 of each such year whether Cobe has actively prosecuted   
such enforcement as provided in paragraph 1(a) or brought the specified level  
of sales under license pursuant to paragraph 1(b) for the prior calendar year. 
If the parties fail to agree by August 6 of any such year, and at the request  
of either party, the determination shall be made by arbitration in accordance  
with the provisions of paragraph 7.  The arbitrator may use a market consultant
to assist in making the determination.  Market share information furnished by  
either party shall be held in confidence and may be used only for the purposes 
of making any determination required by this paragraph.                        

  (d)  Nothing herein shall be deemed to constitute Avecor's inducement to
Cobe to commence any lawsuits, to take any position with respect to such       
lawsuits or bring any manufacturer under license.  All decisions concerning    
whether or not to commence litigation, the claims to be asserted, and the      
existence of sufficient legal and factual justification for such claims, or    
licensing shall rest solely with Cobe.                                         

2.   PAYMENTS.                                                       

(a)  As also set forth in the Licenses, in consideration of the      
settlement, including without limitation the releases, dismissal of the lawsuit
and the Licenses, and of Cobe's active prosecution of enforcement or licensing 
as set forth in paragraph 1, the parties shall make the following payments:    
(i)  within five (5) days of August 6, 1996, Avecor shall pay Cobe $1.4M and   
Cobe shall pay Avecor $0.3M; and (ii) provided that Cobe has satisfied the     
conditions of paragraph 1(a) or 1(b) as of August 6, 1997, Avecor shall pay    
Cobe $1.1M within five days after that date.                                   

(b)  As also set forth in the Licenses, the value of the Cobe License
shall be deemed to abate if neither of the conditions described in paragraphs  
1(a) and 1(b) are met as of August 6 of any year (unless the '490 Patent has   
expired, other than by voluntary abandonment, lapsing or disclaimer) (the      
"Abatement Event").  If the Abatement Event occurs as of August 6, 1997,       
Avecor shall not be obligated  to make the August 6, 1997, payment, as explained above. If the Abatement      
Event occurs as of August 6, 1998, Cobe shall promptly refund $880,000 of      
such payment; and thereafter, $660,000 if the Abatement Event occurs as of     
August 6, 1999, $440,000 as of August 6, 2000, and $220,000 as of August 6,    
2001.  If any payment is withheld or required to be refunded because of an     
Abatement Event, Cobe shall have no further obligations under this paragraph   
2(b).                                                                          

   3.   STAY; VACATION OF TRIAL DATES AND DISMISSAL OF LAWSUIT.  On July 18,
1996, the parties, by their counsel, filed with the Court in the Lawsuit a     
joint motion for a stay pending execution of this Settlement Agreement and the 
Licenses, and for the vacation of the trial date presently set in this case and
the vacation of such other dates as may have been fixed by the Court for       
proceedings in connection with the Lawsuit.  Promptly after the execution of   
this Settlement Agreement and the Licenses, the parties shall also execute and 
file with the Court a stipulation providing for the dismissal with prejudice of
the Lawsuit.  Each party shall bear its own attorneys' fees and costs arising  
out of the Lawsuit.  Costs, if any, for filings in the Lawsuit pursuant to this
Settlement Agreement shall be borne equally by the parties.                    

4.   RELEASE AND COVENANT NOT TO SUE.                                

(a)  NO ADMISSION OF LIABILITY.  This Settlement Agreement and the   
Licenses shall not be construed as an admission of liability by either party   
with respect to the other party's patents or otherwise and is being entered    
into by the parties for the purposes of obviating the need for costly and      
lengthy litigation or other dispute resolution proceedings.                    

(b)  COBE RELEASE OF CLAIMS.  Cobe, on behalf of itself and its      
Affiliates, including but not limited to Gambro AB and the Affiliates of Gambro
AB, does hereby release and fully discharge Avecor, its shareholders,          
directors, officers, Affiliates, sublicensees under the Licenses, employees,   
agents, advisors, customers, distributors and representatives (collectively,   
the "Avecor Releasees"), from and against any and all actions, causes of       
action, suits, damages (including attorneys' fees), judgments, claims,         
counterclaims or crossclaims whatsoever, known or unknown, in law or in equity,
which Cobe and/or its Affiliates and/or its sublicensees under the Licenses,   
now have or may have or claimed to have or later claim to have against the     
Avecor Releasees, or any of them, individually, jointly, or severally, which:  (i)  are claims under Title 35 U.S.C. (Patents), SectionSection 100-
399, arising from or relating to the past or future manufacture, use or sale of
any and all oxygenator products of the type manufactured and sold by Avecor on 
or before the date hereof; or                                                  

(ii) were asserted in the Lawsuit; or                      

     (iii)     as to all claims other than patent infringement claims,
could have been brought in the Lawsuit.                                        

    Cobe represents and warrants that it is duly authorized to enter into this
Release of Claims on behalf of itself and its Affiliates, and Gambro AB and its
Affiliates.                                                                    

(c)  AVECOR RELEASE OF CLAIMS.  Avecor, on behalf of itself and its  
Affiliates, does hereby release and fully discharge Cobe, its shareholders,    
directors, officers, Affiliates, sublicensees under the Licenses, employees,   
agents, advisors, customers, distributors and representatives (collectively,   
the "Cobe Releasees"), from and against any and all actions, causes of action, 
suits, damages (including attorneys' fees), judgments, claims, counterclaims   
and crossclaims whatsoever, known or unknown, in law or in equity, which Avecor
and/or its Affiliates and/or its sublicensees under the Licenses, now have or  
may have or claimed to have or later claim to have against the Cobe Releasees, 
or any of them, individually, jointly, or severally, which:                    

        (i)  are claims under Title 35 U.S.C. (Patents), SectionSection 100-
399, arising from or relating to the past or future manufacture, use or sale of
any and all oxygenator products of the type manufactured and sold by Cobe or   
Cobe Cardiovascular, Inc. on or before the date hereof; or                     

(ii) were asserted in the Lawsuit; or                      

     (iii)     as to all claims other than patent infringement claims,
could have been asserted in the Lawsuit.                                       

Avecor represents and warrants that it is duly authorized to enter into
this Release of Claims on behalf of itself and its Affiliates.  

  (d)  Avecor, on behalf of itself and its Affiliates covenants and agrees
not to sue Cobe, its shareholders, directors, officers, Affiliates,            
sublicensees under the Licenses, employees, agents, advisors, purchasers,      
customers, distributors and/or representatives for any matter, thing, claim, or
cause of action which is the subject of the Avecor Release of Claims set forth 
above.  Cobe, on behalf of itself and its Affiliates, including Gambro AB and  
its Affiliates, covenants and agrees not to sue Avecor, its shareholders,      
directors, officers, sublicensees under the Licenses, employees, agents,       
advisors, purchasers, customers, distributors and/or representatives for any   
matter, thing, claims, or cause of action which is the subject of the Cobe     
Release of Claims set forth above.  Both Avecor and Cobe represent to each     
other that they are duly authorized to enter into this covenant not to sue on  
behalf of their respective Affiliates including, as to Cobe, Gambro AB and its 
Affiliates.                                                                    

5.   CONFIDENTIALITY.  Within 15 days following the execution of the 
Settlement Agreement and the Licenses, (i) the parties shall comply with       
paragraph 22 of the Stipulated Protective Order Regarding Confidential         
Information ("Protective Order") and shall certify their compliance with their 
obligations pursuant to that paragraph, and (ii) each party shall return to the
other all copies of documents produced to it by the other party in the Lawsuit 
(provided, that each party may retain any printed and publicly distributed     
publications and patent documents), and all copies of transcripts, audiotapes  
and videotapes of depositions taken by the party in the Lawsuit which are in   
the possession or control of the party, its attorneys, witnesses or agents.    
Pursuant to paragraph 20 of the Protective Order, the parties, and other       
persons bound thereto shall continue to be obligated not to disclose Restricted
Information except as permitted by the Protective Order.  Nothing herein shall 
be construed to limit the right of any attorneys to practice law and to        
represent other clients with respect to any matter related to blood oxygenator 
devices and related products, and/or the Cobe or Avecor Patents.               

6.   ARBITRATION.  Any dispute between the parties with respect to this
Settlement Agreement or arising out of this Settlement Agreement and the       
Licenses shall be resolved by binding arbitration.  All arbitrations shall be  
held in Chicago, Illinois and conducted in accordance with the American        
Arbitration Association Commercial Arbitration Rules in effect as of August 6, 
1996.  The decisions of the arbitrator shall be final and unappealable by the  
parties, and may be entered in and enforced by any court of competent          
jurisdiction.  The parties further agree that the arbitration shall be         
conducted by a single arbitrator who shall be independent of both parties and  
shall be a lawyer at least 50% of whose practice is in the field of patent     
litigation and licensing.  Arbitration pursuant to this Settlement Agreement or
the Licenses shall be completed and a decision rendered within 90 days of the appointment of the arbitrator in accordance with         
arbitration rules in effect.                                                   

7.   AFFILIATES.  For the purposes of this agreement, "Affiliate" shall
mean any partnership, person, corporation or other limited liability company   
which, directly or indirectly, owns, is owned by, or is under common ownership 
with, Avecor, Cobe or Gambro AB, where "owns" and "ownership" mean owning at   
least fifty-one percent (51%) of the equity having the power to vote on or     
direct the affairs thereof.                                                    

8.   BREACH OF CONTRACT.                                             

(a)  The licenses granted in the Licenses shall be irrevocable.  In the
event of a breach of this Settlement Agreement or any of the Licenses, the     
remedy available to the other party shall be strict performance and/or monetary
damages as set forth in any of the foregoing paragraphs or as is available     
under contract law (other than revocation of the Licenses).  The Licenses shall
remain in full force and effect notwithstanding any breach or any award of     
monetary damages.                                                              

(b)  In the event of a breach of this Settlement Agreement, the      
nonbreaching party shall provide written notice to the breaching party,        
whereupon the breaching party shall have 60 days to cure the breach.  In the   
event the breach is not cured within 60 days, the nonbreaching party may       
initiate arbitration under paragraph 6 of this Settlement Agreement any time   
within 90 days of the expiration of said 60 day period.                        

9.   GENERAL PROVISIONS.                                             

(a)  RELATIONSHIP OF PARTIES.  Nothing contained in this Settlement  
Agreement shall be construed to constitute any party as the partner, employee, 
representative, or agent of, or joint venturer with, the other party, nor shall
any party have any authority to bind the other in any respect, it being        
intended that the relationship between parties hereunder is that of independent
contractors with each party being responsible only for its own actions.        

   (b)  AMENDMENTS AND WAIVER.  No amendment, waiver or consent with respect
to any provision of this Settlement Agreement shall in any event be effective, 
unless the same shall be in writing and signed by the parties hereto, and then 
such amendment, waiver or consent shall be effective only in the specific      
instance and for the specific purpose for which given.

  (c)  NOTICES.  All notices, requests, demands and other communications
hereunder shall be in writing and shall be delivered by registered or certified
mail, postage prepaid and receipt requested, or by facsimile, to the following 
addresses or to such other addresses as a party may notify the other in        
writing:                                                                       

(i)  If to Cobe:    Cobe Laboratories, Inc.                          
14401 West 65th Way          
Arvada, Colorado 80004       
     Attention:  Managing Patent Counsel
Telephone:  (303) 467-6351   
Facsimile:  (303) 467-6688   

(ii) If to Avecor:  Avecor Cardiovascular, Inc.                      
13010 County RD 6            
Plymouth MN  55441           
Attention: CEO               
Telephone:  (612) 551-2869   
Facsimile:  (612) 559-5809   

Any notice hereunder shall be effective upon receipt.                          

   (e)  COUNTERPARTS AND FACSIMILE SIGNATURE.  This Settlement Agreement may
be executed simultaneously in two (2) or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the  
same instrument.  Facsimile signatures hereto shall be deemed to have the same 
force and effect as manual signatures.                                         

    (f)  ENTIRE TRANSACTION.  This Agreement contains the entire understanding
among the parties with respect to the transactions contemplated hereby and     
supersedes all other agreements, (except as to the Licenses executed           
concurrently herewith), understandings and undertakings, whether written or    
oral, among the parties on the subject matter hereof.                          

  (g)  APPLICABLE LAW.  This Settlement Agreement shall be governed by and
construed in accordance with the internal substantive laws of the State of     
Colorado, excluding the United Nations Convention on Contracts for the         
International Sale of Goods.                                                   

(h)  OTHER RULES OF CONSTRUCTION.  Words in the singular include the 
plural and in the plural include the singular.  The section and other headings 
contained in this Settlement Agreement are for reference purposes only and     
shall not affect in any way the meaning or interpretation of this agreement.

 (i)  PARTIAL INVALIDITY.  In the event that any provision of this    
Settlement Agreement shall be held invalid or unenforceable by any court of    
competent jurisdiction, such holding shall not invalidate or render            
unenforceable any other provision hereof or of the Licenses.                   

IN WITNESS HEREOF, each of the parties has caused this Settlement    
Agreement to be executed on its behalf by a duly authorized officer all as of  
the date first written above.                                                  

Cobe Laboratories, Inc.                Avecor Cardiovascular, Inc.             

/s/ Bruce R. Winsor                    /s/ Anthony Badolato                    
----------------------------           ----------------------------            
By: Bruce R. Winsor                    By: Anthony Badolato                    
Title: Assistant Secretary             Title: Chief Executive Officer 

 http://www.secinfo.com/dRqWm.9hDa.c.htm

As can be seen, settlement was contingent, however it is a material event and was reported as such. The problem that I still have with a possible contingency with the Defendants lies in the permutations of claims within each patent under re-examination. For example, if amended claims are accepted by the USPTO on one, two, three, or all four of the '148 patent under review prior to re-issue as a valid patent. The same again if one, two, three, or all four original claims are accepted but with three, two, one, or none amended claims respectively.  Then there are all the claims on the '336, plus the '584. What if only part of a claim was amended. The deeper one looks at the permutations, I humbly suggest, the less likely that the settlement was based on subsequent USPTO decisions.

Also, I further suggest, in such an event, an SEC filing would be mandatory, outlining any such contingencies because of the impact on revenues.

I won't be looking for any further examples(lol)much as I've enjoyed finding this example. Thank you once again for your theoretical perspective and I look forward to more from you.

Be well