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As Of Filer Filing For·On·As Docs:Size Issuer Agent 3/25/08 Typhoon Touch Technologies, Inc. 8-K:8,9 3/25/08 2:25K Venture Law Corp/FA
Document/Exhibit Description Pages Size 1: 8-K Form 8-K - Litigation Update New Defendants Added HTML 17K 2: EX-99.1 Press Release Dated March 25, 2008 HTML 13K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): March 25, 2008
TYPHOON TOUCH TECHNOLOGIES, INC.
(Exact name of Registrant as specified in charter)
or other jurisdiction
(Address of principal executive offices)
(Former name or former address if changes 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):
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
|____||Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))|
ITEM 8.01 – OTHER EVENTS
Litigation Update: New Defendants Added
Typhoon Touch Technologies, Inc. (“Typhoon”) issued a press release today announcing that it had added the following additional defendants via an amended complaint: Xplore Technologies Corporation of America (XLRTF.OB), Electrovaya, Inc. (EFLVF.OB) and Sand Dune Ventures, Inc. (a/k/a TabletKiosk) to the action it commenced in the United States District Court for the Eastern District of Texas, Tyler Division, captioned Typhoon Touch Technologies, Inc. and Nova Mobility Systems, Inc. v. Motion Computing, Inc. and Dell, Inc., Civil Action No. 6:07cv546 (the “Litigation”).
On February 22, 2008 Typhoon Touch Technologies and its licensee and co-plaintiff, Nova Mobility Systems, Inc, reached an out-of-court settlement with defendant Motion Computing, Inc, for an undisclosed sum. Motion Computing acknowledged the validity of Typhoon's touch screen <http://www.typhoontouchtech.com/> patents at issue in the litigation. Dell filed its response to the patent infringement Complaint on January 31, 2008 and was not part of the settlement with Motion Computing.
Typhoon’s Complaint in the Litigation alleges that the defendants have infringed and continue to infringe its U.S. Patent No. 5,379,057 (“the ‘057 patent”) issued January 3, 1995 and entitled “Portable Computer with Touch Screen and Computer System Employing Same,” and U.S. Patent No. 5,675,362 (“the ‘362 patent”) issued October 7, 1997 and entitled “Portable Computer with Touch Screen and Computing System Employing Same,” through various actions including the manufacturing, selling, offering for sale, and/or importing a variety of portable computer products, including but not limited to tablet PCs, slate PCs, handheld PCs, personal digital assistants (PDAs), ultra mobile PCs (UMPCs), smart phones, and/or other products covered by the patents-in-suit.
The information in this current report on Form 8-K and exhibit shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, unless we specifically incorporate the foregoing information into those documents by reference.
ITEM 9.01 – FINANCIAL STATEMENTS AND EXHIBITS
(a) Financial Statements of Business Acquired. N/A
(b) Pro forma financial information. N/A
As described in Item 8.01 of this Report, the following exhibit is filed as part of this Current Report on Form 8-K:
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.
/s/ James Shepard
President, Chief Executive Officer and Director
and a Member of the Board of Directors
Dated: March 25, 2008
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