-----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, CdrSAHJWHA3x8/XtVJxmpQ1mrImuyfO9/g+N1lnJFgWLGxMVd9c6B365sL5BSqOv cM+TiTXCKyQ7C4FFaNfzzA== 0001299933-05-004913.txt : 20050927 0001299933-05-004913.hdr.sgml : 20050927 20050927125745 ACCESSION NUMBER: 0001299933-05-004913 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050921 ITEM INFORMATION: Other Events FILED AS OF DATE: 20050927 DATE AS OF CHANGE: 20050927 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SYMBOL TECHNOLOGIES INC CENTRAL INDEX KEY: 0000278352 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER PERIPHERAL EQUIPMENT, NEC [3577] IRS NUMBER: 112308681 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09802 FILM NUMBER: 051104749 BUSINESS ADDRESS: STREET 1: ONE SYMBOL PLAZA CITY: HOLTSVILLE STATE: NY ZIP: 11742-1300 BUSINESS PHONE: 631-738-2400 MAIL ADDRESS: STREET 1: ONE SYMBOL PLAZA CITY: HOLTSVILLE STATE: NY ZIP: 11742-1300 8-K 1 htm_7264.htm LIVE FILING Symbol Technologies, Inc. (Form: 8-K)  

 

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):   September 21, 2005

Symbol Technologies, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 1-9802 112308681
_____________________
(State or other jurisdiction 		_____________
(Commission 		______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
One Symbol Plaza, Holtsville, New York   11742
_________________________________
(Address of principal executive offices) 		  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   (631) 738-2400

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:

[  ]  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 8.01 Other Events.

On September 21, 2005, Symbol Technologies, Inc. (the "Registrant") announced that the Ohio Court of Appeals for the Ninth District had reversed the judgment of the trial court against the Registrant and its wholly owned subsidiary, Telxon Corporation ("Telxon"), in the previously disclosed case titled Telxon v. Smart Media of Delaware, Inc. The decision sets aside the trial court's previous judgment, rendered on May 6, 2004, that had awarded $218 million plus interest to Smart Media of Delaware, Inc. and an individual plaintiff.

The Court of Appeals ruled in favor of Telxon on all five independent grounds for relief asserted by Telxon in the court, ruled in favor of the Registrant on two independent grounds for relief asserted by the Registrant and concluded that because Telxon was entitled to a directed verdict on all counts, a new trial would not be necessary.

The ruling may be appealed to the Ohio Supreme Court, which is not required to take the case. Until the conclusion of any appeal to the Ohio Supreme Court, the $50 million deposited with the clerk of the court by Telxon and the Registrant to secure the judgment will remain on deposit.





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.

         
    Symbol Technologies, Inc.
          
September 27, 2005   By:   Peter M. Lieb
       
        Name: Peter M. Lieb
        Title: Senior Vice President, General Counsel and Secretary
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