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Message: Acer/Gateway files lawsuit against TPL/Alliacense/PTSC
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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


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