-----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, Aczfv3pDspjNmYl7eERJJjATRLZVv4pQ8InA0JHmru5t9MCQNj9foWJDdRRwyh8t luZn/vtY/RH7g8W+3pJ50Q== 0000950144-04-003672.txt : 20040408 0000950144-04-003672.hdr.sgml : 20040408 20040408160459 ACCESSION NUMBER: 0000950144-04-003672 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040408 ITEM INFORMATION: Other events FILED AS OF DATE: 20040408 FILER: COMPANY DATA: COMPANY CONFORMED NAME: APPLICA INC CENTRAL INDEX KEY: 0000217084 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC HOUSEWARES & FANS [3634] IRS NUMBER: 591028301 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10177 FILM NUMBER: 04725040 BUSINESS ADDRESS: STREET 1: 5980 MIAMI LAKES DR CITY: MIAMI LAKES STATE: FL ZIP: 33014 BUSINESS PHONE: 3053622611 MAIL ADDRESS: STREET 1: 5980 MIAMI LAKES DRIVE CITY: MIAMI LAKES STATE: FL ZIP: 33014 FORMER COMPANY: FORMER CONFORMED NAME: WINDMERE DURABLE HOLDINGS INC DATE OF NAME CHANGE: 19970224 FORMER COMPANY: FORMER CONFORMED NAME: WINDMERE CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: SAVE WAY INDUSTRIES INC DATE OF NAME CHANGE: 19830815 8-K 1 g88399e8vk.htm APPLICA INCORPORATED Applica Incorporated
 

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): April 8, 2004

APPLICA INCORPORATED

(Exact name of Registrant as specified in its charter)

Commission File Number 1-10177

     
Florida   59-1028301
  		 
 
(State or other jurisdiction of incorporation or organization)   (I.R.S. Employer Identification Number)
     
5980 Miami Lakes Drive, Miami Lakes, Florida   33014
  		 
 
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (305) 362-2611

 

 

Item 5. Other Events and Required FD Disclosure.

     On April 8, 2004, Applica Incorporated issued a press release announcing that it and its U.S. operating subsidiary, Applica Consumer Products, Inc., have entered into a license and settlement agreement with Tilia, Inc. and Tilia International, Inc. to resolve patent infringement litigation pending in federal court in Miami and before the International Trade Commission in Washington, D.C. Applica also confirmed its earnings per share guidance of $0.80 to $1.00 per share for the year ended December 31, 2004. A copy of the press release is attached as Exhibit 99.1 to this report.

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, thereunto duly authorized.
         
Date: April 8, 2004   Applica Incorporated
 		  
  By:   /s/ Terry Polistina    
    Terry Polistina, Senior Vice President and   
    Chief Financial Officer of Applica Incorporated   

3

 

         

Exhibit Index

     
Exhibit No.
   Description
99.1
  Applica Incorporated Press Release dated April 8, 2004

4

EX-99.1 3 g88399exv99w1.htm PRESS RELEASE Press Release
 

Exhibit 99.1

[Applica logo]

FOR IMMEDIATE RELEASE

       
 
Contact:
  Investor Relations Department
(305) 362-2611
investor.relations@applicamail.com

Applica Incorporated Reaches Agreement on Patent Infringement
Litigation with Tilia International, Inc.; Confirms Guidance

     Miami Lakes, Florida (April 8, 2004) — Applica Incorporated (NYSE: APN) today announced that it and its U.S. operating subsidiary, Applica Consumer Products, Inc., have entered into a license and settlement agreement with Tilia, Inc. and Tilia International, Inc. to resolve patent infringement litigation pending in federal court in Miami and before the International Trade Commission in Washington, D.C.

     As part of the license and settlement agreement, Applica agreed to pay Tilia royalties for using its vacuum sealing technology. In addition, Applica agreed to not contest the validity of Tilia’s previously disputed patents and to settle any future disputes over product infringement by arbitration. Specific terms of the license and settlement agreement, including the terms of the license, were not disclosed and the parties have agreed to keep these confidential.

     Applica confirms its earnings guidance of $0.80 to $1.00 per share for the year ended December 31, 2004.

     Applica Incorporated and its subsidiaries are marketers, distributors and manufacturers of a broad range of branded and private-label small electric consumer goods. Applica markets, distributes and manufactures kitchen products, home products, pest control products, pet care products and personal care products. Applica markets products under licensed brand names, such as Black & Decker®, its own brand names, such as Windmere®, LitterMaid® and Applica®, and other private-label brand names. Applica’s customers include mass merchandisers, specialty retailers and appliance distributors primarily in North America, Latin America and the Caribbean. The Company operates manufacturing facilities in China and Mexico. In addition, Applica manufactures products for other consumer products companies. Additional information regarding the Company is available at www.applicainc.com.

     Certain matters discussed in this news release are forward-looking statements that are subject to certain risks and uncertainties that could cause actual results to differ materially from those set forth in the forward-looking statements. These factors include uncertainties regarding the success or failure of our growth strategy; increases in cost and unavailability of raw materials and components; complications resulting from our implementation of the new ERP system; our dependence on purchases from large customers; our ability to renew the Black & Decker® trademark license agreement; the strength of the U.S. retail market; currency fluctuations in our international operations; the potential for product recalls and product liability claims against us; the bankruptcy or loss of a major retail customer, distributor or supplier; the risks of our international operations; changes in trade relations with China; our dependence on the timely development, introduction and customer acceptance of products; competitive products and pricing; dependence on foreign suppliers and supply and manufacturing constraints; cancellation or reduction of orders; and other risks and uncertainties detailed from time to time in the Company’s Securities and Exchange Commission filings, including the Annual Report on Form 10-K for the year ended December 31, 2003. Readers are cautioned not to place undue reliance on forward-looking statements. Applica undertakes no obligation to publicly revise any forward-looking statements to reflect events or circumstances that arise after the date hereof.

 

-----END PRIVACY-ENHANCED MESSAGE-----