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): July 2, 2015

 

SPHERIX INCORPORATED

(Exact Name of Registrant as Specified in Charter)

 

Delaware   0-5576   52-0849320

(State or other jurisdiction

of incorporation)

  (Commission File Number)   (IRS Employer Identification No.)

 

6430 Rockledge Drive, Suite 503

Bethesda, MD

      20817
(Address of principal executive offices)       (Zip Code)

 

Registrant’s telephone number, including area code: (703) 992-9260

 

 

(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:

 

☐      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

 

 

On July 2, 2015 Spherix Incorporated issued the press release attached hereto as Exhibit 99.1, which is filed herewith and incorporated by reference in this Current Report.

 

ITEM 9.01  FINANCIAL STATEMENTS AND EXHIBITS

 

(d)           Exhibits.

 

The exhibit listed in the following Exhibit Index is filed as part of this Current Report on Form 8-K.

 

Exhibit No. Description
   
99.1 Press Release, dated July 2, 2015

 

 

 

 
 

 

 

 

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 thereunto duly authorized.

 

Date:  July 2, 2015

 

 

  SPHERIX INCORPORATED
   
By:  /s/  Anthony Hayes
  Name:  Anthony Hayes
  Title:  Chief Executive Officer
   

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



EXHIBIT 99.1

 

 

 

 

 

Spherix Issues A Litigation Update

 

BETHESDA, MD, July 2, 2015 /PRNewswire/ -- Spherix Incorporated (Nasdaq: SPEX) -- an intellectual property development company committed to the fostering and monetization of intellectual property, today announced a litigation update.

 

In the matter of Spherix Incorporated v. Verizon Services Corp. et al., Case No. 1:14-cv-00721-GBL-TCB, in the United States District Court for the Eastern District of Virginia, the Court issued a Markman Order on July 1, 2015 interpreting certain key claims in favor of the Defendants on the one (1) patent at issue in the case. In light of the Court’s Markman decision on the one patent, the Court also granted the Defendants’ Motion for Summary Judgment. The other twenty (20) patents being asserted by Spherix in other cases were not affected by the ruling. Moreover, the patent infringement claims being brought in the second suit filed against Verizon were not affected and that case against Verizon continues.

 

Anthony Hayes, CEO of Spherix stated, “We are disappointed by the judge’s decision in this case. At this stage, we are reviewing the Court’s decision, analyzing the appealable issues and considering all our options. However, it is important to remember that the benefit of having over twenty different patents in litigation against multiple defendants is the ability to sustain a litigation setback and still retain multiple additional "shots on goal". In fact, we have more than twenty other shots on goal and I am confident we will get several of those shots into the goal.

 

Moreover, it is important to remember that the infringement claims being brought in our other cases are completely unaffected by the one patent at issue in this case. There is no legal impact on our other cases. We additionally have a second case pending against Verizon that asserts several standard essential patents and we are continuing that litigation. We further note that Spherix did well in the Markman Orders against VTech and Uniden and those cases are set for trial. To be clear, Spherix will continue to monetize our portfolio of over three hundred (300) patents for the benefit of our shareholders and we are analyzing strategic partnerships that may help foster growth, as well as other forms of monetization.

 

A famous quote is that you will miss one hundred percent of the shots you don’t take. I encourage our investors to understand that we are committed to monetizing this portfolio and doing our best to maximize the value of all these assets. We cannot guarantee a result in any particular case, but we are committed to getting as many shots into the goal as possible.”

 

About Spherix

 

Spherix Incorporated was launched in 1967 as a scientific research company. Spherix is committed to advancing innovation by active participation in the patent market. Spherix draws on portfolios of pioneering technology patents to partner with and support product innovation.

 

 
 

  

Forward-Looking Statements

 

Certain statements in this press release constitute "forward-looking statements" within the meaning of the federal securities laws. Words such as "may," "might," "will," "should," "believe," "expect," "anticipate," "estimate," "continue," "predict," "forecast," "project," "plan," "intend" or similar expressions, or statements regarding intent, belief, or current expectations, are forward-looking statements. While the Company believes these forward-looking statements are reasonable, undue reliance should not be placed on any such forward-looking statements, which are based on information available to us on the date of this release. These forward looking statements are based upon current estimates and assumptions and are subject to various risks and uncertainties, including without limitation those set forth in the Company's filings with the Securities and Exchange Commission (the "SEC"), not limited to Risk Factors relating to its patent business contained therein. Thus, actual results could be materially different. The Company expressly disclaims any obligation to update or alter statements whether as a result of new information, future events or otherwise, except as required by law.

 

Contact:

 

Investor Relations:             Hayden IR

Brett Mass, Managing Partner

Phone: (646) 536-7331

Email: brett@haydenir.com

www.haydenir.com

 

Spherix: Phone:                  (703) 992-9325

Email: info@spherix.com

www.spherix.com

 

 

 

 


 

 

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