-----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, Q3CuhJHaNOf4pDoB6MG1hlNzBcrHzucPI4M3Bs2LtfgWFaiBVV8mQTenqDt+/x5T VDQJmn0R/80w3zDYVVHGEQ== 0001144204-08-038360.txt : 20080703 0001144204-08-038360.hdr.sgml : 20080703 20080703080052 ACCESSION NUMBER: 0001144204-08-038360 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080703 ITEM INFORMATION: Other Events FILED AS OF DATE: 20080703 DATE AS OF CHANGE: 20080703 FILER: COMPANY DATA: COMPANY CONFORMED NAME: STAMPS.COM INC CENTRAL INDEX KEY: 0001082923 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-CATALOG & MAIL-ORDER HOUSES [5961] IRS NUMBER: 770454966 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26427 FILM NUMBER: 08936479 BUSINESS ADDRESS: STREET 1: 12959 CORAL TREE PLACE CITY: LOS ANGELES STATE: CA ZIP: 90066-7020 BUSINESS PHONE: 3104825800 MAIL ADDRESS: STREET 1: 12959 CORAL TREE PLACE CITY: LOS ANGELES STATE: CA ZIP: 90066-7020 FORMER COMPANY: FORMER CONFORMED NAME: STAMPS COM INC DATE OF NAME CHANGE: 19990421 8-K 1 v119108_8k.htm Unassociated Document
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) July 3, 2008 (June 27, 2008)
 
Stamps.com Inc.

(Exact name of registrant as specified in its charter)

Delaware
000-26427
77-0454966
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)
 
12959 Coral Tree Place, Los Angeles, CA
90066-7020
(Address of principal executive offices)
(Zip Code)

Registrant's telephone number, including area code:     (310) 482-5800

Not Applicable

(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:

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))
 
 
 

 
Item 8.01. Other Events.


On June 27, 2008, the Court granted the plaintiff’s motion for summary judgment under indemnification and breach of the lease and found that the plaintiff is entitled to a judgment in the principal amount of $575,413.66, together with prejudgment interest of $94,210.

As also previously disclosed by Stamps.com Inc., on October 22, 2004, Kara Technology Incorporated filed suit against us in the United States District Court for the Southern District of New York, alleging, among other claims, that we infringed certain Kara Technology patents and that we misappropriated trade secrets owned by Kara Technology, most particularly with respect to our NetStamps feature. Kara Technology seeks an injunction, unspecified damages, and attorneys’ fees. On February 9, 2005, the court granted our motion to transfer this suit to the United States District Court for the Central District of California. On August 23, 2006, the court granted our summary judgment motions on the trade secret and other non-patent claims. The court issued a “Markman” ruling, construing the terms of the Kara Technology patents on September 10, 2007. On April 3, 2008, the court granted our summary judgment motion that PhotoStamps does not infringe and denied our summary judgment motions that NetStamps does not infringe and the patents are invalid.

On June 27, 2008, at the conclusion of trial, the jury issued its verdict on this matter in our favor, finding that NetStamps does not infringe. On July 1, 2008, we issued a press release announcing the favorable jury verdict. A copy of the press release is attached hereto as Exhibit 99.1 and hereby incorporated by reference.
 
 
 

 
 
SIGNATURES
 
Pursuant to the requirements of the Securities Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
 
 
 
Stamps.com Inc.
 
 
(Registrant)
 
 
 
July 3, 2008
 
/s/ Kenneth McBride
Date
 
(Signature)
 
 
 
 
 
 
 
 
Kenneth McBride,
 
 
Chief Executive Officer
 
 
 
 

 
Exhibit Index
 
 
Exhibit Number
Description
99.1
Press Release of Stamps.com Inc. dated July 1, 2008 announcing jury verdict in Kara Technology lawsuit.
 
EX-99.1 2 v119108_ex99-1.htm Unassociated Document
EXHIBIT 99.1
 
Stamps.com Investor Contact:   
Press Contact:
Stamps.com Investor Relations      
(310) 482-5830         
http://investor.stamps.com
Dena Cook 
Brew Media Relations 
(310) 600-7160
dena@brewpr.com
 
STAMPS.COM WINS PATENT TRIAL AGAINST KARA TECHNOLOGY
 
 
LOS ANGELES - July 1, 2008 - Stamps.com® (Nasdaq:STMP), the intelligent alternative to a postage meter, today announced that it received a unanimous jury verdict that its NetStamps® feature and technology does not infringe any of the patents asserted by Kara Technology. The jury also found that no damages are due.

"We've maintained all along that Stamps.com does not infringe the patents at issue, so we were pleased with the verdict," said Seth Weisberg, Chief Legal Officer of Stamps.com. "We thank the jury and the court for their service and fairness in this matter. In addition, we would like to thank our counsel, the Graves Law Office, for their outstanding work."

Kara Technology Incorporated originally filed suit against Stamps.com on October 22, 2004 in the United States District Court for the Southern District of New York seeking an injunction, unspecified damages, and attorney's fees. The suit was transferred to the United States District Court for the Central District of California on February 9, 2005. The trial commenced in Los Angeles on June 9, 2008, the jury began deliberations on June 26 and the jury returned its verdict on June 27, 2008.
 
About Stamps.com and PhotoStamps
 
Stamps.com (Nasdaq: STMP) is a leading provider of Internet-based postage services. Stamps.com’s online postage service enables small businesses, enterprises, and consumers to print U.S. Postal Service-approved postage with just a PC, printer and Internet connection, right from their home or office. The Company targets its services to small businesses and home offices, and currently has PC Postage partnerships with Microsoft, EarthLink, HP, NCR, Office Depot, the U.S. Postal Service and others.
 
PhotoStamps is a patented Stamps.com product that couples the technology of PC Postage with the simplicity of a web-based image upload and order process. PhotoStamps is currently available under authorization of the U.S. Postal Service for its fourth phase market test with an authorization through May 16, 2009. Customers may create full custom PhotoStamps with their own digital photograph, or they may choose a licensed image from one of many PhotoStamps collections such as NFL®, Collegiate, and now the limited edition American Idol® collection. Since launching PhotoStamps in May 2005, more than 58 million individual PhotoStamps have been shipped to customers. Stamps.com currently has PhotoStamps partnerships with Apple, Google/Picassa, HP/Snapfish, Adobe, and others.
 
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: This release includes forward-looking statements about our products that involve risks and uncertainties. Important factors, including the Company's ability to complete and ship its products and obtain or maintain regulatory approval, which could cause actual results to differ materially from those in the forward-looking statements, are detailed in filings with the Securities and Exchange Commission made from time to time by Stamps.com, including its Annual Report on Form 10-K for the year ended December 31, 2007, Quarterly Reports on Form 10-Q, and Current Reports on Form 8-K. Stamps.com undertakes no obligation to release publicly any revisions to any forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

Stamps.com, the Stamps.com logo and PhotoStamps are trademarks or registered trademarks of Stamps.com Inc. All other brands and names are property of their respective owners.

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