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