Formfactor Inc - Current report filing (8-K)
April 24 2008 - 6:03AM
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):
April 24, 2008
FORMFACTOR, INC.
(Exact
name of Registrant as specified in its charter)
Delaware
(State
or other jurisdiction of incorporation)
000-50307
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13-3711155
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(Commission
File Number)
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(IRS
Employer Identification No.)
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7005 Southfront Road, Livermore
, CA
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94551
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(Address
of principal executive offices)
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(Zip
Code)
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(925) 290-4000
(Registrants
telephone number, including area code)
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.):
o
Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
o
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
April 24, 2008, the Korea Supreme Court affirmed in an orally announced
decision the previously issued ruling of the Korean Patent Court invalidating
certain claims of FormFactor, Inc.s Korean Patent No. 324,064,
entitled Contact Tip Structures for Microelectronic Interconnection Elements
and Methods of Making Same. The
specific claims that the Korean Supreme Court affirmed as invalid will be
reviewed again by the Korean Patent Trial Tribunal in light of the Supreme
Court decision. Neither the Supreme
Court decision nor the Patent Court ruling addressed all of the claims of
Korean Patent No. 324,064, which the Korean Intellectual Property Office
previously upheld over challenges by Phicom Corporation. FormFactor does not expect the ruling to have
a material impact on its business. The company will, however, evaluate the
written decision of the Supreme Court when it is issued and the impact of the
decision on current and future actions based on claims of Korean Patent No. 324,064.
Forward-Looking Statements
Statements
in this Current Report on Form 8-K that are not strictly historical in
nature are forward-looking statements within the meaning of the federal
securities laws, including statements regarding business prospects. These
forward-looking statements are based on current information and expectations
that are inherently subject to change and involve a number of risks and
uncertainties. Actual events or results might differ materially from those in
any forward-looking statement due to various factors, including, but not
limited to: additional decisions by Korean or U.S. courts or administrative
bodies bearing on the validity of FormFactors patents and new claims by third
parties that FormFactors patents are invalid or infringe on their rights.
Additional information concerning factors that could cause actual events or
results to differ materially from those in any forward-looking statement is
contained in the companys Form 10-K for the year ended December 29,
2007, filed with the Securities and Exchange Commission (SEC), and subsequent
SEC filings. Copies of the companys SEC filings are available at
http://investors.formfactor.com/edgar.cfm. The company assumes no obligation to
update the information in this Current Report on Form 8-K, to revise any
forward-looking statements or to update the reasons actual results could differ
materially from those anticipated in any forward-looking statements.
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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.
Date:
April 24, 2008
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FORMFACTOR,
INC.
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By:
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/s/
S
TUART
L
.
M
ERKADEAU
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Stuart L.
Merkadeau
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Senior Vice
President,
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General
Counsel and Secretary
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