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): August 10, 2007
KVH Industries, Inc.
(Exact Name of Registrant as Specified in Charter)
| Delaware | 0-28082 | |
| (State or Other Jurisdiction of Incorporation) | (Commission File Number) |
05-0420589
(IRS Employer Identification No.)
| 50 Enterprise Center Middletown, RI |
02842 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (401) 847-3327
(Former Name or Former Address, if Changed Since Last Report)
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 |
The Company announced in a press release on August 10, 2007, that a jury for the U.S. District Court for the District of Minnesota ruled that KVH Industries, Inc. is not liable for infringing King Controls’ U.S. Patent 6,864,846. According to the verdict, the jury found that claim 5 of the patent, the only claim at issue, was in fact invalid due to the existence of prior art as well as the obviousness of the technology.
A copy of the Company’s press release is attached hereto as Exhibit 99.1. The press release is incorporated by reference herein and the foregoing description of the press release is qualified in its entirety by reference to the attached exhibit.
| ITEM 9.01. | FINANCIAL STATEMENTS AND EXHIBITS |
(d) Exhibits
| 99.1 | August 10, 2007 press release entitled “KVH Industries Wins Patent Trial” |
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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.
| KVH INDUSTRIES, INC. | ||||
| Date: August 10, 2007 | BY: | /s/ MARTIN A. KITS VAN HEYNINGEN | ||
| Martin A. Kits van Heyningen | ||||
| President, Chief Executive Officer and Chairman | ||||
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| EXHIBIT INDEX |
EXHIBIT DESCRIPTION | |
| 99.1 | August 10, 2007 press release entitled “KVH Industries Wins Patent Trial” |
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FOR IMMEDIATE RELEASE
Exhibit 99.1
| Contact: | Chris Watson KVH Industries 401-845-8138 cwatson@kvh.com |
KVH Industries Wins Patent Trial
MIDDLETOWN, RI – August 10, 2007 – A jury for the U.S. District Court for the District of Minnesota ruled today that KVH Industries, Inc., (Nasdaq: KVHI) is not liable for infringing King Controls’ U.S. Patent 6,864,846. According to the verdict, the jury found that claim 5 of the patent, the only claim at issue, was in fact invalid due to the existence of prior art as well as the obviousness of the technology.
“We are extremely gratified by the jury’s decision and its clear vindication of KVH Industries with regard to these ill-conceived allegations,” said Martin Kits van Heyningen, KVH’s president, chief executive officer, and chairman. “KVH is a company built on technological innovation and, with an extensive patent portfolio, we have a profound respect for intellectual property rights. As a result, we were committed to successfully defending ourselves from these baseless charges leveled by a competitor. This decision reaffirms our right to continue offering our award-winning mobile satellite TV technology and we are eager to continue competing successfully in the marketplace through superior products, innovative technology, world-class support, and competitive pricing.”
King Controls asserted that KVH was liable for royalties and sought an injunction against selling certain products because satellite switching capabilities present in KVH’s TracVision mobile satellite TV systems had infringed on a patent that King Controls filed in 2000. KVH successfully contended that the technology had been developed prior to King Controls’ patent application and was already in use in the industry, including in KVH’s own products, thereby invalidating King Control’s patent claim.
KVH was successfully represented at trial in U.S. District Court by Foley Hoag LLP of Boston, MA. KVH was also represented by Merchant & Gould P.C.
About KVH Industries, Inc.
Middletown, RI-based KVH Industries, Inc., is a leading provider of in-motion satellite TV and communication systems, having designed, manufactured, and sold more than 125,000 mobile satellite antennas for applications on boats, RVs, trucks, buses, and automobiles. Winner of the prestigious General Motors Innovative Design Award, 2 CES Innovation Awards, 22 National Marine Electronics Association “Best Product” awards, the DAME Award in the Marine Electronics category, and a finalist for the Automotive News PACE Award, KVH’s mission is to connect mobile customers with the same digital television entertainment, communications, and Internet services that they enjoy in their home and offices.
KVH® and TracVision® are registered trademarks of KVH Industries, Inc. All other trademarks are the property of their respective companies.
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