UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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): March 4, 2005
FORMFACTOR, INC.
Delaware (State or Other Jurisdiction of Incorporation) |
000-50307 (Commission File Number) |
13-3711155 (IRS Employer Identification No.) |
7005 Southfront Road, Livermore, CA (Address of Principal Executive Offices) |
94551 (Zip Code) |
Registrants telephone number, including area code: (925) 290-4000
N/A
(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):
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. | ||||||||
Item 9.01. Financial Statements and Exhibits. | ||||||||
SIGNATURE | ||||||||
EXHIBIT INDEX | ||||||||
EXHIBIT 99.1 |
Item 8.01. Other Events.
On March 4, 2005, FormFactor, Inc. filed a patent infringement lawsuit in federal district court in Oregon against Phicom Corporation. The lawsuit charges that Phicom is willfully infringing four U.S. patents that cover key aspects of FormFactors wafer probe cards. A copy of the press release announcing the filing of this lawsuit is attached as Exhibit 99.1 to this report and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
Exhibit | ||
Number | Description | |
99.1
|
Press release dated March 7, 2005. |
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.
FORMFACTOR, INC. |
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Date: March 7, 2005 | By: | /s/ Stuart L. Merkadeau | ||
Stuart L. Merkadeau, | ||||
Senior Vice President, General Counsel and Secretary | ||||
EXHIBIT 99.1
News Release
Contacts:
FormFactor, Inc.
|
Sapphire Investor Relations, LLC | |
Jens Meyerhoff
|
Erica Mannion | |
Chief Operating Officer and
|
Investor Relations | |
Chief Financial Officer
|
(415) 399-9345 ext. 321 | |
(925) 290-4063 |
FORMFACTOR SUES PHICOM CORPORATION FOR PATENT INFRINGEMENT IN US
LIVERMORE, CA March 7, 2005 FormFactor, Inc. (Nasdaq: FORM), an industry leader in the design, development and manufacture of semiconductor wafer probe cards, today announced the filing of a patent infringement lawsuit against Phicom Corporation, a Korean corporation. The lawsuit, filed in federal district court in Oregon, charges Phicom is willfully infringing four US patents that cover key aspects of FormFactors wafer probe cards.
Igor Khandros, FormFactor CEO, stated, FormFactor has invested many millions of dollars in research and development to drive innovation in semiconductor manufacturing. Our resulting intellectual property is a cornerstone of our business and integral to our position as a mission critical enabler of wafer test. Joe Bronson, FormFactor president, added: Like all innovative companies in the semiconductor industry, we have an obligation to our shareholders to protect our R&D investment and take action against those we believe infringe our IP rights. IP protection provides a critical incentive for continued development and delivery of the breakthrough innovations that drive long term growth in the semiconductor industry.
The filing of the US complaint follows actions initiated by FormFactor in 2004 against Phicom in the Seoul Southern District Court in Korea, and is part of the Companys global IP strategy. The US complaint seeks both injunctive relief and money damages. In both the US and Korea actions FormFactor alleges that Phicom has incorporated FormFactors proprietary technology into Phicom products. The US patents identified in the Complaint are US Patent No. 5,974,662 for Method of Planarizing Tips Of Probe Elements Of A Probe Card Assembly, US Patent No. 6,246,247 for Probe Card Assembly And Kit, And Methods Of Using Same, US Patent No. 6,624,648 for Probe Card Assembly, and US Patent No. 5,994,152 for Fabricating Interconnects And Tips Using Sacrificial Substrates.
About FormFactor:
FormFactor, Inc. (Nasdaq: FORM) is an industry leader in the design, development, manufacture, sale
and support of precision, high-performance advanced semiconductor wafer probe cards. The Companys
products are based on its proprietary technologies, including its MicroSpring interconnect
technology and design processes, which enable FormFactor to produce wafer probe cards for test
applications that require reliability, speed, precision and signal integrity. FormFactor
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is headquartered in Livermore, California. For more information, visit the Companys Web site at www.formfactor.com.
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FormFactor and MicroSpring are registered trademarks of FormFactor, Inc. All other product, trademark, company or service names mentioned herein are the property of their respective owners.
Forward-Looking Statements.
Statements in this press release that are not strictly historical in nature are forward-looking
statements within the meaning of the federal securities laws. 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: the ruling on
any substantive issue in the US action, including the Companys patent infringement claims and any
challenges to the validity or enforceability of an asserted FormFactor patent; and any appeal of
those decisions. 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-Q/A for the period ending September 25, 2004, filed with the Securities and
Exchange Commission (SEC), and subsequent filings. Copies of filings made by the Company with the
SEC are available at http://investors.formfactor.com/edgar.cfm. The Company assumes no obligation
to update the information in this press release, to revise any forward-looking statements or to
update the reasons actual results could differ materially from those anticipated in forward-looking
statements.
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