-----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, Rdy5F+4yQpvvNktLUDyclfjNxNlfu0NMeR+DrGGYhxQczQrFNGk62++53Yg1oCVu p5Bh+B5WA99HZE0k/fx9CQ== 0001193125-09-070798.txt : 20090401 0001193125-09-070798.hdr.sgml : 20090401 20090401172541 ACCESSION NUMBER: 0001193125-09-070798 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090401 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090401 DATE AS OF CHANGE: 20090401 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LKQ CORP CENTRAL INDEX KEY: 0001065696 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-MOTOR VEHICLES & MOTOR VEHICLE PARTS & SUPPLIES [5010] IRS NUMBER: 364215970 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-50404 FILM NUMBER: 09724548 BUSINESS ADDRESS: STREET 1: 120 NORTH LASALLE STREET STREET 2: SUITE 3300 CITY: CHICAGO STATE: IL ZIP: 60602 MAIL ADDRESS: STREET 1: 120 N LASALLE STREET STREET 2: STE 3300 CITY: CHICAGO STATE: IL ZIP: 60602 8-K 1 d8k.htm FORM 8-K Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 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): April 1, 2009

 

 

LKQ CORPORATION

(Exact Name of Registrant as Specified in Its Charter)

 

 

 

Delaware   000-50404   36-4215970

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

120 North LaSalle Street, Suite 3300

Chicago, IL 60602

(Address of Principal Executive Offices) (Zip Code)

(312) 621-1950

(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:

 

¨ 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(b))

 

¨ 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

On April 1, 2009, LKQ Corporation (the “Company”) and Ford Motor Company (“Ford”) issued a press release announcing a settlement agreement between the Company and Ford regarding patent litigation filed by Ford. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated by reference herein.

ITEM 9.01. Financial Statements and Exhibits

(d) Exhibits

 

Exhibit
Number

 

Description of Exhibit

99.1   Press Release dated April 1, 2009.

 

2


SIGNATURE

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.

Dated: April 1, 2009

 

LKQ Corporation
By:  

/s/    VICTOR M. CASINI

  Victor M. Casini
  Senior Vice President and General Counsel

 

3

EX-99.1 2 dex991.htm PRESS RELEASE DATED APRIL 1, 2009 Press Release dated April 1, 2009

Exhibit 99.1

FORD MOTOR COMPANY AND LKQ CORPORATION SETTLE PATENT DISPUTES

DEARBORN, MI and CHICAGO, IL, (April 1, 2009) – A settlement agreement was reached today between Ford Motor Company (NYSE: F) and LKQ Corporation (NASDAQ: LKQX) — a distributor of new non-OE aftermarket, recycled salvage and remanufactured OE parts — in litigation filed by Ford Motor Company to protect its design patents on genuine Ford collision parts. The settlement provides that LKQ will not challenge the validity and enforceability of Ford’s design patents during the term of the agreement.

The settlement ends two legal actions: The first involving replacement collision parts for Ford’s F-150 pickup truck, which had advanced to the Federal Circuit Court of Appeals; the second involving replacement collision parts for the Ford Mustang, which was before the US International Trade Commission (ITC). Details about the agreement are confidential and will not be disclosed.

“The settlement protects U.S. jobs and provides consumers with choices when repairing their vehicle,” said Darryl Hazel, president, Ford Customer Service Division (FCSD). Hazel added that the settlement will benefit both companies and their customers in the following ways:

 

   

Ford’s enormous Intellectual Property investment is protected.

 

   

Ford will continue its US investment, especially in Southeast Michigan, to design, engineer and produce genuine Ford collision parts for sale through its US dealer network.

 

   

LKQ will be the only distributor of non-Original Equipment aftermarket copies of genuine Ford collision parts protected by design patents. LKQ will pay Ford a royalty for each such part sold during the agreement’s term, which extends through September 30, 2011 subject to renewal upon mutual agreement of Ford and LKQ.

 

   

Competition in the market will continue by ensuring consumers have the right to choose between Original Equipment and non-OE aftermarket parts.

 

   

Ford and LKQ will work together to stop infringement of Ford’s design patents.

Hazel stressed that the settlement does not endorse the quality or use of non-Original Equipment aftermarket replacement parts sold by LKQ Corporation. FCSD and LKQ will continue to compete vigorously.

“The agreement we reached is beneficial to both Ford and LKQ,” said Joseph Holsten, President and Chief Executive Officer of LKQ. “As the sole distributor of new non-Original Equipment aftermarket parts protected by Ford design patents, we will have the sole right to sell these parts in the United States for all of Ford’s models.”

About Ford Motor Company

Ford Motor Company, a global automotive industry leader based in Dearborn, Mich., manufactures or distributes automobiles across six continents. With about 213,000 employees and about 90 plants worldwide, the company’s wholly owned brands include Ford, Lincoln, Mercury and Volvo. The company provides financial services through Ford Motor Credit Company. For more information regarding Ford’s products, please visit www.ford.com

About LKQ Corporation

LKQ Corporation is the largest nationwide provider of aftermarket collision replacement products, recycled OEM products and refurbished OEM collision replacement products such as wheels, bumper covers and lights used to repair light vehicles. LKQ operates approximately 280 facilities offering its customers a broad range of replacement systems, components, and parts to repair automobiles and light-duty trucks and heavy-duty trucks.


Ford Contact:

Kristen Kinley

Ford Motor Company Corporate Communications

313-337-2786

LKQ Contact:

Sarah Lewensohn

Director, LKQ Investor Relations and Corporate Communications

312-621-2793

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