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Re: Milestone where art thou? Shall I hear more, or shall I speak at this?

in response to

Re: Jurisdiction ? Milestone where art thou? EOM

billwilke

posted on Feb 19, 2008 06:24AM

In October 2005 we dismissed the infringement claims above. Pursuant to the
rights afforded to TPL under the Master Agreement, TPL filed patent infringement
claims in the Eastern District of Texas on October 24, 2005, against various
Japanese manufacturers. This new complaint set forth broader theories of
infringement than those we had initiated in the Northern District of California,
including with respect to more products and with respect to claims related to
the "336," "584" and "148" patents (all part of the 1989 patent applications of
Russell Fish and Charles Moore).

The infringement defendants in the Texas action filed five new declaratory
relief actions in the Northern District of California on November 28, 2005
against TPL, the Company, and Charles Moore asking that Court to declare that
they are not infringing on our patents and/or that the patents are not valid.
Those defendants attempted to have their claims declared to be administratively
"related" to the action we dismissed in October but their effort, apparently
designed to slow down the infringement litigation by requiring the litigation to
go forward in Northern District of California, has not succeeded. We recently
joined with TPL in Motions to Dismiss or Transfer those declaratory relief
actions to the Eastern District of Texas, where we expect the patent
infringement litigation will be handled more expeditiously.

California had no problem with Texas before and it is quite probable that they won't this time, in my humble opinion.

As to an 8-K, litigation is part of everyday business, but I would expect to see mention in the upcoming 10-Q.

Form 8-K

In addition to filing annual reports on Form 10-K and quarterly reports on Form 10-Q, public companies must report material corporate events on a more current basis. Form 8-K is the “current report” companies must file with the SEC to announce major events that shareholders should know about.

The instructions for Form 8-K describe the types of events that trigger a public company's obligation to file a current report, including any of the following:

Section 1	--	Registrant's Business and Operations
Item 1.01		Entry into a Material Definitive Agreement
Item 1.02		Termination of a Material Definitive Agreement
Item 1.03		Bankruptcy or Receivership

Section 2	--	Financial Information
Item 2.01		Completion of Acquisition or Disposition of Assets
Item 2.02		Results of Operations and Financial Condition
Item 2.03		Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant
Item 2.04		Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement
Item 2.05		Costs Associated with Exit or Disposal Activities
Item 2.06		Material Impairments

Section 3	--	Securities and Trading Markets
Item 3.01		Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.02		Unregistered Sales of Equity Securities
Item 3.03		Material Modification to Rights of Security Holders

Section 4	--	Matters Related to Accountants and Financial Statements
Item 4.01		Changes in Registrant's Certifying Accountant
Item 4.02		Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review

Section 5	--	Corporate Governance and Management
Item 5.01		Changes in Control of Registrant
Item 5.02		Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers
Item 5.03		Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Item 5.04		Temporary Suspension of Trading Under Registrant's Employee Benefit Plans
Item 5.05		Amendment to Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics

Section 6	--	Reserved (for future use)

Section 7	--	Regulation FD Disclosure

Section 8	--	Other Events
Item 8.01		Other Events (The registrant can use this Item to report events that are not specifically called for by Form 8-K, that the registrant considers to be of importance to security holders.)

Section 9	--	Financial Statements and Exhibits
Item 9.01		Financial Statements and Exhibits

Companies have four days to file a Form 8-K for the events specified in the items in Sections 1-5 and 9 above. However, if the issuer is furnishing a Form 8-K solely to satisfy its obligations under Regulation FD, then the due date might be earlier. (Issuers with questions concerning compliance with Regulation FD should consult with counsel or the SEC’s Division of Corporation Finance.)

You can find a company’s Form 8-K filings on the SEC’s EDGAR database. We have posted information on our website on how to use the EDGAR database. For more information, you may wish to read answers to Frequently Asked Questions about the implementation and interpretation of the Form 8-K items, produced by the staff of the Division of Corporation Finance.

http://www.sec.gov/answers/form8k.htm

Be well

1 Recommendations

Re: Why would this be an 8k?

limerickhook

Feb 19, 2008 06:25AM

Re: Jurisdiction

on2u

Feb 19, 2008 06:25AM

Re: Milestone

billwilke

Feb 19, 2008 06:31AM