DIVX Divx, Inc. (MM)

 

 

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): November 17, 2008

 

 

DivX, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware		001-33029		33-0921758
(State or other jurisdiction of incorporation)		(Commission File Number)		(I.R.S. Employer Identification No.)

 

4780 Eastgate Mall San Diego, California		92121
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (858) 882-0600

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))

 

 

 

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Item 7.01 Regulation FD Disclosure

On November 17, 2008, the Company announced revised earnings guidance for the fiscal year ending December 31, 2008. A copy of the press release is included herewith as Exhibit 99.1.

Item 8.01 Other Events

On November 11, 2008, Yahoo! Inc (“Yahoo!”) informed the Company that it intends to breach the two-year License and Distribution Agreement (the “Agreement”) entered into between the Company and Yahoo! on September 27, 2007 and to discontinue making payments required under the Agreement. As a result, the Company has filed a lawsuit in California Superior Court in Santa Clara County seeking damages from Yahoo! and specific performance under the Agreement.

Item 9.01 Financial Statements and Exhibits.

 

(d)

Exhibits.

 

99.1	Press release of DivX, Inc. dated November 17, 2008.

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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, thereunto duly authorized.

 

						DIVX, INC.
Dated: November 17, 2008						By:		/s/    D AN L. H ALVORSON
						Name:		Dan L. Halvorson
						Title:		Executive Vice President and Chief Financial Officer

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INDEX TO EXHIBITS

 

Exhibit Number		Description
99.1		Press release of DivX, Inc. dated November 17, 2008.