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Typhoon Touch Technologies, Inc. – ‘8-K’ for 2/22/08

On:  Friday, 2/22/08, at 4:48pm ET   ·   For:  2/22/08   ·   Accession #:  1221508-8-5   ·   File #:  0-52130

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 2/22/08  Typhoon Touch Technologies, Inc.  8-K:8,9     2/22/08    2:26K                                    Venture Law Corp/FA

Current Report   —   Form 8-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         Current Report                                      HTML     17K 
 2: EX-99       Miscellaneous Exhibit                               HTML     13K 


8-K   —   Current Report


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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):
February 22, 2008

TYPHOON TOUCH TECHNOLOGIES, INC.
(Exact name of Registrant as specified in charter)

Nevada

000-52130

20-3387991

(State or other jurisdiction
of incorporation)

(Commission
File Number)

 (IRS Employer
Identification No.)


711 South Carson Street, Suite #4, Carson City, Nevada 89701

89701

(Address of principal executive offices)

(Zip Code)


Registrant's telephone number, including area code:

775-881-3326


Not Applicable

(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):

____ 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

Litigation Update

On February 22, 2008, Typhoon Touch Technologies, Inc. (“Typhoon”)  entered into a Settlement Agreement with Motion Computing, Inc. (“Motion”) pursuant to which litigation between Typhoon and Motion Computing, Inc. 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.

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and Dell, Inc., Civil Action No. 6:07cv546 (the “Litigation”), was dismissed and all claims between us and  Motion in this action were released.

As part of the settlement, Motion has expressly acknowledged the validity and enforceability of Typhoon’s patents at issue in the litigation.

 Dell Inc. (NASDAQ: DELL) filed its response to the Complaint on January 31, 2008 and is not part of the settlement.

Typhoon’s Complaint in the Litigation alleged that Motion Computing and Dell 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

(c) Exhibits.

As described in Item 8.01 of this Report, the following exhibit is filed as part of this Current Report on Form 8-K:

Exhibit No.
 

Description
 

99.1

Press Release dated February 22, 2008

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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.

 THE REGISTRANT

By:


/s/ James Shepard
_________________________________
James Shepard
President, Chief Executive Officer and Director
and a Member of the Board of Directors 


Dated: February 22, 2008

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Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘8-K’ Filing    Date    Other Filings
Filed on / For Period End:2/22/088-K
1/31/08
10/7/97
1/3/95
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Filing Submission 0001221508-08-000005   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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