-----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, E3DgHIjlNghvjqEYUuOsJJ91bdtwE961cpoBZ1+B4/UMcIFEyJEb2n4dog7tvHsw gcIRVng/1zWFpZS8Y4j/8Q== 0001157523-05-002848.txt : 20050328 0001157523-05-002848.hdr.sgml : 20050328 20050328142003 ACCESSION NUMBER: 0001157523-05-002848 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050324 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050328 DATE AS OF CHANGE: 20050328 FILER: COMPANY DATA: COMPANY CONFORMED NAME: IMMERSION CORP CENTRAL INDEX KEY: 0001058811 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER PERIPHERAL EQUIPMENT, NEC [3577] IRS NUMBER: 943180138 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27969 FILM NUMBER: 05706241 BUSINESS ADDRESS: STREET 1: 801 FOX LANE CITY: SAN JOSE STATE: CA ZIP: 95131 BUSINESS PHONE: 4084671900 MAIL ADDRESS: STREET 1: 801 FOX LANE CITY: SAN JOSE STATE: CA ZIP: 95131 FORMER COMPANY: FORMER CONFORMED NAME: IMMERSION HUMAN INTERFACE CORP DATE OF NAME CHANGE: 19980602 8-K 1 a4850951.txt IMMERSION 8-K 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): March 24, 2005 IMMERSION CORPORATION (Exact name of registrant as specified in its charter) -------------------- Delaware 000-27969 94-3180138 - ---------------------------- ----------------------- ---------------- (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 801 Fox Lane San Jose, California 95131 (Address of principal executive offices) (Zip Code) ------------------------- Registrant's telephone number, including area code: (408) 467-1900 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: [ ] 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 March 28, 2005, Immersion Corporation (the "Company") issued a press release regarding the Company's patent infringement suit against Sony Computer Entertainment, Inc. and Sony Computer Entertainment of America, Inc. A copy of the press release is attached as Exhibit 99.1 to this report. Item 9.01 Financial Statements and Exhibits. (c) Exhibits. Exhibit No. Description ---------- ---------------- 99.1 Press Release dated March 28, 2005 regarding the Company's patent infringement suit against Sony Computer Entertainment, Inc. and Sony Computer Entertainment of America, Inc. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. IMMERSION CORPORATION Date: March 28, 2005 By:/s/ Victor Viegas ------------------------------------ Victor Viegas President, Chief Executive Officer and Director EXHIBIT INDEX Exhibit No. Description ----------- ---------------- 99.1 Press Release dated March 28, 2005 regarding the Company's patent infringement suit against Sony Computer Entertainment, Inc. and Sony Computer Entertainment of America, Inc. EX-99.1 2 a4850951ex991.txt IMMERSION EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 Immersion Obtains $90.7 Million Judgment in Patent Infringement Case Against Sony SAN JOSE, Calif.--(BUSINESS WIRE)--March 28, 2005--Immersion Corporation, (Nasdaq:IMMR), a leading developer and licensor of touch feedback technology, today announced that the U.S. District Court for the Northern District of California entered judgment in its favor in its patent infringement suit against Sony Computer Entertainment, Inc. and Sony Computer Entertainment of America, Inc. (Sony). On September 21, 2004, the jury returned a verdict favorable to Immersion and awarded past damages in the amount of $82.0 million based on sales of infringing products through June 30, 2004. The Court's judgment on March 24, 2005 awarded Immersion the $82.0 million in past damages, plus pre-judgment interest in the amount of $8.7 million, for a total of $90.7 million. The Court also issued a permanent injunction against the manufacture, use, sale, or import into the United States of the infringing Sony PlayStation system including PlayStation consoles, Dual Shock controllers, and the 47 games found by the jury to infringe Immersion's patents. The Court stayed the permanent injunction pending appeal to the United States Court of Appeals for the Federal Circuit. The Court further ordered Sony to pay a compulsory license fee for the duration of the stay of the permanent injunction at the same rate and conditions as previously awarded in its January 10, 2005 and February 9, 2005 Orders. Sony made a payment to Immersion pursuant to those Orders on February 15, 2005 for the July 1, 2004 through December 31, 2004 period; however, Sony has appealed these Orders. The Court also found in favor of Immersion on Sony's allegations of inequitable conduct during the prosecution of one of the patents asserted against Sony. In a matter related to the Sony lawsuit, the Court entered an order dismissing certain of the claims brought by Internet Services LLC (ISLLC) against Immersion with prejudice and certain claims without prejudice. Immersion expects that Sony will appeal the judgment to the United States Court of Appeals for the Federal Circuit. Sony also may post a bond with the Court to stay the obligation to immediately pay the amount of the judgment while appeals are pending. "The Court's entry of judgment implements last September's jury verdict and the damages award," said Immersion CEO Victor Viegas. "The Court-ordered permanent injunction to stop the shipment and sale of infringing products in the U.S. is an important indicator of the strength of our case and the potential risks involved in this litigation. The compulsory license during the stay of the injunction creates a binding obligation for Sony to compensate us for the continued use of our technology in their PlayStation products. We have always believed, and continue to believe, in the strength of our intellectual property. We remain confident of our position in the appeals process. "Immersion is built on a strong foundation of innovative technology and intellectual property. We now hold more than 270 patents in our worldwide intellectual property portfolio and have more than 280 patent applications pending. Immersion has a long list of licensees in the automotive, gaming, medical, mobility, and other markets, and we will continue to license our technology under appropriate circumstances. We will also continue to vigorously defend our intellectual property for the benefit of our licensees and shareholders," concluded Viegas. About Immersion (www.immersion.com) Founded in 1993, Immersion Corporation is a recognized leader in developing, licensing, and marketing digital touch technology and products. Bringing value to markets where man-machine interaction needs to be made more compelling, safer, or productive, Immersion helps its partners broaden market reach by making the use of touch feedback as critical a user experience as sight and sound. Immersion's technology is deployed across personal computing, entertainment, medical training, automotive, mobility, and three-dimensional simulation markets. Immersion and its wholly-owned subsidiaries hold more than 270 issued patents worldwide. Forward-Looking Statements This press release contains "forward-looking statements" that involve risks and uncertainties, as well as assumptions that, if they never materialize or prove incorrect, could cause the results of Immersion Corporation and its consolidated subsidiaries to differ materially from those expressed or implied by such forward-looking statements. All statements, other than the statements of historical fact, are statements that may be deemed forward-looking statements, including any statements regarding projections of earnings, revenues, or other cash receivables which are contingent upon Sony's compliance with court orders; statements regarding Immersion's ability to keep any cash received from Sony to date after completion of the appeals process or other judicial proceedings; statements regarding the prospects and consequences of any negative rulings from the appeals court on the judgment, including the permanent injunction, compulsory license, costs, and damages award; and statements of belief or assumptions underlying any of the foregoing. Immersion's actual results might differ materially from those stated or implied by such forward-looking statements due to risks and uncertainties associated with the ongoing litigation. For a more detailed discussion of these factors, and other factors that could cause the Company's actual results to vary materially, interested parties should review the risk factors listed in the Company's annual report on Form 10-K, which is on file with the U.S. Securities and Exchange Commission. The forward-looking statements in this press release reflect the Company's beliefs and predictions as of the date of this release. The Company disclaims any obligation to update these forward-looking statements as a result of financial, business, or any other developments occurring after the date of this release. Immersion and the Immersion logo are trademarks of Immersion Corporation. All other trademarks are the property of their respective owners. CONTACT: A&R Partners Elizabeth Conrady, 650-762-2815 econrady@arpartners.com -----END PRIVACY-ENHANCED MESSAGE-----