-----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, PKyHq1OXOO7fBwBkPLXjsPm1bWaRDub5DCXm1fOzy6EYUnov1DIskWlzcZw5mpr0 /M+XX1Xe6V9wZ7NpYf5aEQ== 0001021435-06-000017.txt : 20060817 0001021435-06-000017.hdr.sgml : 20060817 20060817155024 ACCESSION NUMBER: 0001021435-06-000017 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060816 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060817 DATE AS OF CHANGE: 20060817 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GRAPHON CORP/DE CENTRAL INDEX KEY: 0001021435 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 133899021 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21683 FILM NUMBER: 061040864 BUSINESS ADDRESS: STREET 1: 5400 SOQUEL AVENUE STREET 2: SUITE A2 CITY: SANTA CRUZ STATE: CA ZIP: 95062 BUSINESS PHONE: 8004727466 MAIL ADDRESS: STREET 1: 5400 SOQUEL AVENUE STREET 2: SUITE A2 CITY: SANTA CRUZ STATE: CA ZIP: 95062 FORMER COMPANY: FORMER CONFORMED NAME: UNITY FIRST ACQUISITION CORP DATE OF NAME CHANGE: 19960823 8-K 1 auto8k01.txt AUTOTRADER 8K 17 AUG 06 ================================================================================ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 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): August 16, 2006 -------------- GraphOn Corporation (Exact name of Registrant as specified in its charter) -------------- Delaware 0-21683 13-3899021 (State of incorporation) (Commission File No.) (IRS Employer IdentificationNo.) 5400 Soquel Avenue, Suite A-2 Santa Cruz, California 95062 (Address of principal executive offices) Registrant's telephone number: (800) 472-7466 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: |_| 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)) ================================================================================ Item 8.01. Other Events. On August 16, 2006, we issued a press release announcing that a schedule has been set for our lawsuit against AutoTrader.com for patent infringement. A copy of the press release is being furnished as Exhibit 99.1 to this report and incorporated herein by reference. Item 9.01. Financial Statements and Exhibits. (a) Financial Statements of Businesses Acquired - None (b) Pro Forma Financial Information - None (c) Shell Company Transactions - None (d) Exhibits: Exhibit No. Description 99.1 Press release issued by us on August 16, 2006 SIGNATURES 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. Dated: August 17, 2006 GraphOn Corporation By: /s/ William Swain ----------------- Name: William Swain Title: Chief Financial Officer EX-99.1 2 prbody.txt AUTOTRADER 16 AUG 06 PRESS RELEASE Press Release For Immediate Release William Swain 1.800.GraphOn Bill.Swain@GraphOn.com Court Sets Dates for GraphOn's Lawsuit against AutoTrader.com for Patent Infringement AutoTrader.com's Motion for Summary Judgment Denied SANTA CRUZ, CA, USA - August 16, 2006 - GraphOn Corporation (OTCBB: GOJO.OB) (GraphOn), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that a schedule has been set for the company's lawsuit against AutoTrader.com for patent infringement. On November 23, 2005, GraphOn filed a complaint against AutoTrader.com in United States District Court in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,324,538 (the `538 patent) and 6,850,940 (the `940 patent) which protect GraphOn's unique method of maintaining an automated and network-accessible database. The suit alleges that the AutoTrader.com Web site infringes the GraphOn patents. The suit seeks preliminary and permanent injunctive relief along with unspecified damages and fees. On March 24, 2006, Autotrader.com filed with the Court a motion for summary judgment seeking to invalidate the `538 and `940 patents. GraphOn filed a detailed response in opposition to AutoTrader's motion, and on August 8, 2006, the Court denied AutoTrader's motion. On August 9, 2006, the Court filed a Docket Control Order setting forth pretrial deadlines. The most significant dates set were for a Markman Hearing, set for May 31, 2007, after which the Court will interpret the patent claims at issue, and for jury selection, set for December 3, 2007. "We are very pleased that dates have now been set for the events associated with the lawsuit and that AutoTrader's motion for summary judgment was denied," said Robert Dilworth, GraphOn's chief executive officer. "We are committed to aggressively protecting and maximizing the value of our intellectual property. We expect that the outcome of both the Markman Hearing and the trial will validate the value we place upon the patents that are the subject of our lawsuit with AutoTrader," Mr. Dilworth concluded. In February 2005, GraphOn obtained the subject patents as part of its acquisition of Network Engineering Software, Inc. (NES). In addition to the subject patents, GraphOn acquired intellectual property, other patents, and patent applications resulting from more than ten years of development effort by NES. About GraphOn Corporation For over a decade, GraphOn has been an innovator of cost-effective, advanced solutions that help customers access applications from anywhere. GraphOn's high-performance software provides fast remote access, cross-platform connectivity, and a centralized architecture that delivers a dramatically lower cost of ownership. The company's solutions run under Microsoft (MSFT) Windows, Linux, and UNIX, including Sun (SUNW) Solaris, IBM AIX, Hewlett-Packard (HPQ) HP-UX, and more. For more information, call 1.800.GRAPHON or visit www.graphon.com. This press release contains statements that are forward looking as that term is defined by the United States Private Securities Litigation Reform Act of 1995. These statements are based on current expectations that are subject to risks and uncertainties. Actual results may differ, due to factors such as shifts in customer demand, product shipment schedules, product mix, competitive products and pricing, technological shifts and other variables. Readers are referred to GraphOn's most recent periodic and other reports filed with the Securities and Exchange Commission. GraphOn and GO-Global are registered trademarks of GraphOn Corp. All other trademarks belong to their owners. # # # -----END PRIVACY-ENHANCED MESSAGE-----