-----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, WxwJ2a7LflN+Jr/TA10mMrGbTg0thz+v3qt2qYS0weeIWO5wdSOpF8LtcGs7TXx8 4ulg3OuMTYgpdDGL7Vb+og== 0000891618-03-003001.txt : 20030612 0000891618-03-003001.hdr.sgml : 20030612 20030612172522 ACCESSION NUMBER: 0000891618-03-003001 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20030612 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030612 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ESS TECHNOLOGY INC CENTRAL INDEX KEY: 0000907410 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 942928582 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26660 FILM NUMBER: 03742618 BUSINESS ADDRESS: STREET 1: 48401 FREMONT BLVD CITY: FREMONT STATE: CA ZIP: 94538 BUSINESS PHONE: 5104921088 MAIL ADDRESS: STREET 1: 48401 FREMONT BLVD CITY: FREMONT STATE: CA ZIP: 94538 8-K 1 f90883e8vk.htm FORM 8-K ESS Technology, Inc Form 8-K, June 12, 2003
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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): June 12, 2003

ESS TECHNOLOGY, INC.

(Exact name of registrant as specified in its charter)

0-26660
(Commission File Number)

     
CALIFORNIA   94-2928582
(State or other jurisdiction of   (I.R.S. Employer
incorporation)   Identification No.)

48401 FREMONT BOULEVARD

FREMONT, CALIFORNIA 94538
(Address of principal executive offices, with zip code)

(510) 492-1088

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report)

 


Item 7. Financial Statements and Exhibits.
Item 9. Regulation FD Disclosure.
SIGNATURES
EXHIBIT INDEX
EXHIBIT 99.1


Table of Contents

Item 7. Financial Statements and Exhibits.

  (c)   Exhibits.
 
  99.1   Press Release dated June 12, 2003.

Item 9. Regulation FD Disclosure.

     On June 12, 2003, ESS Technology, Inc. (the “Company”) issued a press release, announcing the signing of a worldwide license agreement with MediaTek, Inc. of Taiwan and the settlement of all litigation with MediaTek, Inc. A copy of the press release is filed as an exhibit to this Current Report on Form 8-K.

     The information in this Current Report on Form 8-K, including the exhibit, is furnished pursuant to Item 9 and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities under that Section. Furthermore, the information in this Current Report on Form 8-K, including the exhibit, shall not be deemed to be incorporated by reference into the filings of the Company under the Securities Act of 1933, as amended.

 


Table of Contents

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.

         
      ESS TECHNOLOGY, INC.
 
      By: /s/ ROBERT L. BLAIR
       
        Robert L. Blair
President and Chief Executive Officer
Dated: June 12, 2003        

 


Table of Contents

EXHIBIT INDEX

  99.1   Press Release dated June 12, 2003.

  EX-99.1 3 f90883exv99w1.htm EXHIBIT 99.1 EXHIBIT 99.1

 

EXHIBIT 99.1

     
(ESS LOGO)   NEWS
     
FOR IMMEDIATE RELEASE    
 
Contact Information:    
ESS Technology, Inc.
Investor Relations
(510) 492-1161
  Rebecca Mack
Bergman Mack & Associates
(949) 981-4496

ESS Technology, Inc. and MediaTek Inc. Sign
License Agreement and Settle Litigation

MediaTek to Pay ESS $45 Million in License Fees Plus
Future Royalties of up to $45 Million

     FREMONT, Calif. June 12, 2003––ESS Technology (Nasdaq: ESST) a leading provider of silicon solutions for digital video and audio consumer electronics, today announced the signing of a worldwide license agreement with MediaTek Corporation of Taiwan and the settlement of all litigation with MediaTek.

     Under the terms of the confidential settlement agreement, both sides will terminate all claims against each other and MediaTek will receive a non-exclusive worldwide license to ESS’s proprietary DVD user interface and other key DVD software. As part of this agreement, ESS and its affiliates will receive a one-time license fee of $45 million, plus ongoing royalties with a lifetime cap of $45 million. The maximum total payments under this agreement are $90 million.

     Robert Blair, president and CEO of ESS stated, “We are pleased to settle this litigation and protect our proprietary intellectual property. This agreement acknowledges the value of ESS’s intellectual property and the huge investment of time and resources we have invested in the development of our many DVD products. We look forward to putting this issue behind us so

 


 

that we can focus on growing our company.”

     Fred Chan, ESS Technology’s founder and chairman continued, “I am glad that both companies have agreed to solve our differences in a creative way. I believe these additional resources will help ESS continue as a leader in the growing digital consumer entertainment market and assist us in expanding into other markets, as we did with our recent acquisition of Pictos Technologies and its digital imaging technologies.”

Analysts Conference Call

     ESS management will hold a conference call on Monday, June 16 to discuss this license agreement and its expected effects on ESS in the future, as well as the company’s recent acquisition of Pictos Technologies. This call will be held at 5:00 PM EDT (2:00 PM PDT) and can be accessed from the ESS website (www.esstech.com) or by calling 888-328-2936/212-346-0303 (International callers), reservation #21147499. A replay of the call will be available through 4:00 PDT on June 25 on ESS’s website or by calling 800-633-8284/402-977-9140 (International) reservation #21147499.

     About ESS Technology

     ESS Technology, Inc., is a leading supplier of high-performance feature-packed chips for the rapidly expanding DVD and digital entertainment markets. The company is also a leading provider of solutions for applications in the growing consumer entertainment market. ESS provides advanced products that enable the emergence of digital home systems that deliver and manage entertainment and information in the home.

     ESS, headquartered in Fremont, California, has R&D, sales, and technical support offices worldwide. ESS Technology’s common stock is traded on the Nasdaq under the symbol ESST. ESS Technology’s web site address is: http://www.esstech.com.

     The matters discussed in this news release include certain forward-looking statements that involve risks and uncertainties, including, but not limited to, the possible reduction of consumer spending occasioned by terrorist activity and armed conflict, the effect of SARS on the global economy, the timely availability and acceptance of the Company’s new products, the impact of competitive products and pricing, the dependence on continued growth in demand for PC and consumer multimedia products and the other risks detailed from time to time in the SEC reports of ESS, including the reports on Form 10-K and Form 10-Q. Actual results could differ materially from those projected in the forward-looking statements.

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