-----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, F0jpChp0BaXpBH82G45QOZX0uqCFNvi4YHL8ZIWJ3RBYJxfFcnWLN0ZXT9PtceAw 8Gu7YfDhc4Ll7Ko0Z/hfwA== 0001022408-11-000002.txt : 20110131 0001022408-11-000002.hdr.sgml : 20110131 20110131090657 ACCESSION NUMBER: 0001022408-11-000002 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110127 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110131 DATE AS OF CHANGE: 20110131 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EPLUS INC CENTRAL INDEX KEY: 0001022408 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-COMPUTER & PERIPHERAL EQUIPMENT & SOFTWARE [5045] IRS NUMBER: 541817218 STATE OF INCORPORATION: DE FISCAL YEAR END: 0228 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34167 FILM NUMBER: 11557700 BUSINESS ADDRESS: STREET 1: 13595 DULLES TECHNOLOGY DRIVE CITY: HERNDON STATE: VA ZIP: 20171-3413 BUSINESS PHONE: 7039848400 MAIL ADDRESS: STREET 1: 13595 DULLES TECHNOLOGY DRIVE CITY: HERNDON STATE: VA ZIP: 20171-3413 FORMER COMPANY: FORMER CONFORMED NAME: MLC HOLDINGS INC DATE OF NAME CHANGE: 19960906 8-K 1 form8-k.htm EPLUS INC FORM 8-K 01-31-2011 form8-k.htm
 
 
 


 

 

 
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): January 27, 2011
 
ePlus inc.
 
(Exact name of registrant as specified in its charter)

 
Delaware
 
1-34167
 
54-1817218
(State or other jurisdiction of incorporation or organization)
 
(Commission File Number)
 
(I.R.S. Employer Identification No.)

 
 
13595 Dulles Technology Drive Herndon, VA 20171-3413
 
(Address, including zip code, of principal executive offices)
 
Registrant’s telephone number, including area code: (703) 984-8400
 
 
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 7.01  Regulation FD Disclosure
 
As previously disclosed, ePlus inc. (the “Company”) filed a complaint in May 2009 in the United States District Court for the Eastern District of Virginia against four defendants, alleging that they used or sold products, methods, processes, services and/or systems that infringe on certain of its patents.  On January 31, 2011, the Company announced by press release a jury verdict reached in that case against the remaining defendant on January 27, 2011.  A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
 
In accordance with General Instruction B.2 of Form 8-K, the information in Item 7.01 of this Current Report on Form 8-K and Exhibit 99.1 shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, (the "Exchange Act"), or otherwise subject to the liabilities of that section, and shall not be incorporated by reference into any registration statement or other document filed under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
 
 
Item 9.01         Financial Statements and Exhibits
 
(d) The following exhibits are filed as part of this report:
 
Exhibit No.                            Description
 
99.1 
 Press release dated January 31, 2011 issued by ePlus inc.
 

 
 
 

 
 

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.
 
 
   
 ePlus inc.
   
         
   
By: /s/ Elaine D. Marion
   
   
 Elaine D. Marion
   
   
 Chief Financial Officer
   
 
 
 
Date: January 31, 2011
 
 
 

 

 
                                                                  
EX-99.1 2 ex99-1.htm PRESS RELEASE ex99-1.htm
 
Contact: Kleyton Parkhurst, SVP
 
ePlus inc.
 
investors@eplus.com
 
703-984-8150

 
ePlus Wins Patent Infringement Trial
Against Lawson Software, Inc.
 
HERNDON, VA – January 31, 2011 ePlus inc. (Nasdaq NGM: PLUSnews) announced that on January 27, 2011, a jury in the United States District Court for the Eastern District of Virginia unanimously found that Lawson Software, Inc. infringed ePlus patents relating to electronic procurem ent systems.  The jury determined that all ePlus patent claims tried in court were valid.
 
The jury found that three different configurations of Lawson Supply Chain Management products infringed 11 claims of the ePlus patents.   These configurations contain several Lawson products, including Lawson System Foundation, Process Flow, Requisitions, Inventory Control, Purchase Order, Requisitions Self Service, Procurement Punchout and EDI.  These products are components of the Lawson S3 Supply Chain Management suite.  The jury verdict also extends to Lawson’s M3 e-Procurement software.
 
The jury determined that Lawson directly infringed ePlus’ patents and that Lawson also induced and contributed to the infringement of the ePlus patents by Lawson’s customers. The federal court has scheduled a hearing for March 3, 2011 concerning ePlus’ request for an immediate injunction to prevent Lawson’s infringing activity and operations.  ePlus seeks an injunction to preclude not only Lawson’s sales of its infringing software products, but also any of Lawson’s maintenance, installation, implementation and other services for its infringing software products.
 
The ePlus patents involve electronic procurement, and the inventions allow end-users to perform a wide variety of functions, including, but not limited to:
 
·  
perform electronic searches, selections and comparisons as well as review items in multiple supplier catalogs;
·  
find equivalent items and suitable replacements;
·  
generate purchase orders from multiple vendors; and
·  
electronically check inventory.
 
“The United States patent laws have promoted the development of new and useful technologies, like the ePlus patents, for over 200 years,” said Ken Farber, president of ePlus’ software subsidiaries.  “This jury finding shows that companies like ePlus can continue to innovate and invent with the assurance that their investment will be preserved.  We are very pleased with the verdict, which once again affirmed that our patents are valid.”
 
About ePlus inc.
 
ePlus is a leading provider of technology solutions.  ePlus enables organizations to optimize their IT infrastructure and supply chain processes by delivering world-class IT products from top manufacturers, professional services, flexible lease financing, proprietary software, and patented business methods.  Founded in 1990, ePlus has more than 690 associates in 20+ locations serving federal, state, municipal, and commercial customers.  The Company is headquartered in Herndon, VA.   For more information, visit http://www.eplus.com, call 888-482-1122, or email info@eplus.com.
 
ePlus® and ePlus products referenced herein are either registered trademarks or trademarks of ePlus inc. in the United States and/or other countries.  The names of other companies and products mentioned herein may be the trademarks of their respective owners.
 
Statements in this press release that are not historical facts may be deemed to be “forward-looking statements.”  Actual and anticipated future results may vary materially due to certain risks and uncertainties, including, without limitation, the unpredictability of litigation including our ability to successfully claim damages, whether any award ultimately received will exceed the costs incurred and the length of time it will take to bring matters to final resolution; possible adverse effects resulting from the recent financial crisis in the credit markets and general slowdown of the U.S. economy such as our current and potential customers delaying or reducing technology purchases, increasing credit risk associated with our customers and vendors, reduction of vendor incentive programs, the possibility of additional goodwill impairment charges, and restrictions on o ur access to capital necessary to fund our operations; the demand for and acceptance of, our products and services; our ability to adapt our services to meet changes in market developments; the impact of competition in our markets; the possibility of defects in our products or catalog content data; our ability to hire and retain sufficient personnel; our ability to protect our intellectual property; our ability to reserve adequately for credit losses; and other risks or uncertainties detailed in our reports filed with the Securities and Exchange Commission.  All information set forth in this press release is current as of the date of this release and ePlus undertakes no duty or obligation to update this information.
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