-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, QlnhQL+kBn63KEhAo3+lCcGewsm+7svXsIJ1Z/hf4pHPHQ0jTY8/T5me73qi4w9H 9v5PaEryAFzzoDYP1RIBlw== 0001315719-06-000028.txt : 20060202 0001315719-06-000028.hdr.sgml : 20060202 20060202142830 ACCESSION NUMBER: 0001315719-06-000028 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20060202 DATE AS OF CHANGE: 20060202 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FILENET CORP CENTRAL INDEX KEY: 0000706015 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER INTEGRATED SYSTEMS DESIGN [7373] IRS NUMBER: 953757924 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-44167 FILM NUMBER: 06573004 BUSINESS ADDRESS: STREET 1: 3565 HARBOR BLVD CITY: COSTA MESA STATE: CA ZIP: 92626 BUSINESS PHONE: 7149663400 MAIL ADDRESS: STREET 1: 3565 HARBOR BLVD CITY: COSTA MESA STATE: CA ZIP: 926261420 FORMER COMPANY: FORMER CONFORMED NAME: FILEX CORP DATE OF NAME CHANGE: 19830915 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: KORNITZER CAPITAL MANAGEMENT INC /KS CENTRAL INDEX KEY: 0000898358 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] IRS NUMBER: 481069845 STATE OF INCORPORATION: KS FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: P O BOX 918 CITY: SHAWNEE MISSION STATE: KS ZIP: 66201 BUSINESS PHONE: 9136777778 MAIL ADDRESS: STREET 1: PO BOX 918 CITY: SHAWNEE MISSION STATE: KS ZIP: 66201 SC 13G 1 filenet.txt OMB APPROVAL OMB Number: 3235-0145 Expires: January 31, 2006 Estimated average burden hours per response . . .11 UNITED STATES Securities and Exchange Commission WASHINGTON, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. __)* Filenet Corporation (Name of Issuer) Common Stock (Title of Class of Securities) 316869106 (CUSIP Number) December 31, 2005 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [X] Rule 13d-1(b) [ ] Rule 13d-1(c) [ ] Rule 13d-1(d) *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). CUSIP No. 316869106 1. Name of reporting persons: I.R.S. Identification Nos. of above persons (Entities Only) Kornitzer Capital Management, Inc. ("KCM"), 48-1069845 - ----------------------------------------------------------------- 2. Check the appropriate box if a member of a group (See Instructions) (a) (b) - --------------------------------------------------------------------- 3. SEC use only - --------------------------------------------------------------------- 4. Citizenship or place of organization: Kansas - --------------------------------------------------------------------- Number of 5. Sole voting power: 0 Shares beneficially 6. Shared voting power: 2,334,476 owned by each reporting 7. Sole dispositive power: 0 person with: 8. Shared dispositive power: 2,334,476 - --------------------------------------------------------------------- 9. Aggregate amount beneficially owned by each reporting person: 2,334,476 - --------------------------------------------------------------------- 10. Check if the aggregate amount in row (9) excludes certain shares (See Instructions) - --------------------------------------------------------------------- 11. Percent of class represented by amount in row (9): 5.60% - --------------------------------------------------------------------- 12. Type of reporting person (See Instructions): IA - --------------------------------------------------------------------- CUSIP No. 316869106 Item 1. (a) Name of issuer: Filenet Corporation (b) Address of issuer's principal executive offices: 3565 Harbor Boulevard Costa Mesa, CA 92626 Item 2. (a) Name of person filing: Kornitzer Capital Management, Inc. ("KCM"). (b) Address of principal business offices or, if none, residence: 5420 West 61st Place Shawnee Mission, KS 66205. (c) Citizenship: Kansas corporation. (d) Title of class of securities: Common Stock, $0.01 par value (e) CUSIP numbers: 316869106 Item 3. If this statement is filed pursuant to Secs. 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: (a) [ ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o). (b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c). (c) [ ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c). (d) [ ] Investment company registered under section 8 of the Investment Company Act (U.S.C. 80a-8). (e) [X] An investment adviser in accordance with Sec. 240.13d-1(b)(1)(ii)(E). (f) [ ] An employee benefit plan or endowment fund in accordance with Sec. 240.13d-1(b)(1)(ii)(F). (g) [ ] A parent holding company or control person in accordance with Sec. 240.13d-1(b)(ii)(G). CUSIP No. 316869106 (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813). (i) [ ] A church plan that is excluded from the definition of an Investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). (j) [ ] Group, in accordance with Sec. 240-13d-1(b)(ii)(J). Item 4. Ownership. The following information regarding the aggregate number and percent of the class of securities identified in Item 1 is provided as follows: (a) Amount beneficially owned: 2,334,476 (b) Percent of class: 5.60% (c) Number of shares as to which such person has: (i) sole power to vote or to direct the vote: 0 (ii) shared power to vote or to direct the vote: 2,334,476 (iii) sole power to dispose or to direct the disposition of: 0 (iv) shared power to dispose or to direct the disposition of: 2,334,476 Item 5. Ownership of Five Percent or Less of a Class. If this statement is being filed to report the fact that as of the date hereto the reporting person has ceased to be the beneficial owner of more than 5 percent of the class of securities, check the following [ ]. Item 6. Ownership of More than Five Percent on Behalf of Another Person. KCM is an investment adviser with respect to the shares of common stock for the accounts of other persons who have the right to receive, and the power to direct the receipt of, dividends from, or the proceeds from the sale of, the common stock of Filenet Corporation. Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person. A parent holding company or control person is not filing this Schedule, pursuant to Rule 13d-1(b)(ii)(G) promulgated under the Securities Exchange Act of 1934 (the "Act"). CUSIP No. 316869106 Item 8. Identification and Classification of Members of the Group. A group is not filing this Schedule pursuant to Rule 13d-1(b)(ii)(J). Item 9. Notice of Dissolution of Group. A notice of dissolution is not applicable to the filing of this Schedule. Item 10. Certification. (a) The following certification shall be included if the statement is filed pursuant to Sec. 240.13d-1(b): By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. SIGNATURE After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Date: January 31, 2006 KORNITZER CAPITAL MANAGEMENT, INC. /s/ John C. Kornitzer By: John C. Kornitzer, President -----END PRIVACY-ENHANCED MESSAGE-----