Current Report Filing (8-k)
June 26 2017 - 10:22AM
Edgar (US Regulatory)
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): June 23, 2017
STRAIGHT
PATH COMMUNICATIONS INC.
(Exact
name of registrant as specified in its charter)
Delaware
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1-36015
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46-2457757
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(State
or other jurisdiction
of
incorporation)
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(Commission
File Number)
|
|
(IRS
Employer
Identification
No.)
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5300
Hickory Park Drive, Suite 218
Glen
Allen, Virginia
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23059
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (804) 433-1522
Not
Applicable
(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)
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☐
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
|
☐
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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))
|
Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company ☒
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for
complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
On
June 23, 2017, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued its opinion in the case
entitled Samsung Electronics Co., Ltd. (“Samsung”), Samsung Electronics Am., Inc., Cisco Systems, Inc.; (“Cisco”)
Avaya, Inc. (“Avaya”); LG Electronics, Inc. (“LG”); Toshiba Corp. (“Toshiba”); Vizio, Inc.
(“Vizio”); Hulu, LLC (“Hulu”); Verizon Services Corp.; and Verizon Business Network Services Inc. (the
“Verizon affiliates”, collectively, “Appellants”) v. Straight Path IP Group, Inc., a subsidiary of Straight
Path Communications Inc. (the “Registrant”) affirming the decision by the Patent Trial and Appeal Board of the United
States Patent and Trademark Office (the “PTAB”) that held that Samsung failed to show that a majority of the claims
of U.S. Patent No. 6,009,469 (the “‘469 Patent”) or any of the claims in U.S. Patent Nos. 6,108,704 (the
“‘704 Patent”) and 6,131,121 (the “‘121 Patent”) were unpatentable.
As
previously disclosed in the Registrant’s periodic reports, on August 22, 2014, Samsung filed three petitions with the PTAB
for an
inter partes
review (“IPR”) of certain claims of the ‘704 Patent, ‘469 Patent and the
‘121 Patent. On June 15, 2015, Cisco and Avaya joined this instituted IPR.
In
addition, on October 31, 2014, LG, Toshiba Corporation et al. (“Toshiba”), Vizio, and Hulu filed three petitions with
the PTAB for an IPR of certain claims of the ‘704, ‘469, and ‘121 Patents. On November 24, 2015, the PTAB granted
related petitions filed by the Verizon affiliates to join for the ‘704 and ‘469 Patents. On May 9, 2016, the PTAB
issued a final written decision holding that the petitioners failed to show that any claims of the ‘704 Patent were unpatentable.
The PTAB also held that the petitioners failed to show that the majority of the claims of the ‘469 and ‘121 Patents
were unpatentable. On May 20, 2016, the petitioners filed a notice of appeal to the CAFC, and this appeal was consolidated with
the appeal of the Samsung IPR discussed above.
SIGNATURE
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.
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STRAIGHT
PATH COMMUNICATIONS INC.
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By:
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/s/
Jonathan Rand
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Name:
Jonathan Rand
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Title:
Chief Financial Officer
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Dated:
June 26, 2017
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