ASURE SOFTWARE INC — Regulatory Filings 2007

Jun 29, 2007

8-K 1 a07-17862_18k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGES

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 25, 2007

FORGENT NETWORKS, INC.

(Exact name of registrant as specified in charter)

Delaware	0-20008	74-2415696
(State or other
jurisdiction of	(Commission File
Number)	(IRS Employer
incorporation or
organization)		Identification
No.)

*108 Wild Basin Road*

*Austin, Texas 78746*

(Address of principal executive offices and zip code)

(512) 437-2700

(Registrant’s telephone

number, including area code)

N/A

(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 (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425).

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12).

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)).

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)).

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*Section 1 — Registrant’s Business and Operations*

*Item 1.01 Entry into a Material Definitive Agreement.*

In July 2005, Forgent Networks, Inc. ( the “Registrant”) initiated litigation against 15 companies for infringement of U.S. Patent No. 6,285,746 (the “ ‘746 patent”) in the United States District Court for the Eastern District of Texas (the “ ‘746 Litigation”), seeking injunctive relief against sales of infringing products and monetary damages, among other relief sought. The ‘746 Litigation is described in Note 9 to the Consolidated Financial Statements, Part I, Item 2, and Part II, Item 1 of the Registrant’s Form 10-Q for the quarter ended April 30, 2007.

Effective June 25, 2007, the Registrant has entered into a Settlement and License Agreement (the “Agreement”) with one of the defendants in the ‘746 Litigation: DIRECTV, Inc. (“DIRECTV”). The Agreement represents the final definitive agreement contemplated by the parties when they reached an agreement in principle to settle the ‘746 Litigation effective May 13, 2007. Such agreement in principle was originally disclosed in the Registrant’s Form 8-K filed on May 18, 2007. Under the Agreement, the Registrant granted DIRECTV a patent license and DIRECTV agreed to pay the Registrant a total of $8.0 million. Additionally, all parties agreed to release all claims against each other.

Pursuant to Instruction B.4 to Form 8-K and applicable regulations and releases, a copy of the Agreement reported under Item 1.01 will be filed as an exhibit not later than the Registrant’s annual report on Form 10-K applicable to the fiscal year ending July 31, 2007. All summaries and descriptions of documents set forth above are qualified in their entirety by the documents themselves, filed as an exhibit or exhibits to a later report.

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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.

/s/ Jay C. Peterson
Jay C. Peterson
Chief Financial Officer

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