-----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, WCvmWpd6C5XdHy+clfpF1sPsGW/h1wQ1X7WoxvBXDn8Tbmew1X+/DRwVyp02OT/7 SbU+3kF/zzutmcZcjv5nCA== 0000950134-97-007706.txt : 19971029 0000950134-97-007706.hdr.sgml : 19971029 ACCESSION NUMBER: 0000950134-97-007706 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19971028 ITEM INFORMATION: FILED AS OF DATE: 19971028 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: ELCOR CORP CENTRAL INDEX KEY: 0000032017 STANDARD INDUSTRIAL CLASSIFICATION: ASPHALT PAVING & ROOFING MATERIALS [2950] IRS NUMBER: 751217920 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-05341 FILM NUMBER: 97701757 BUSINESS ADDRESS: STREET 1: 14643 DALLAS PKWY STE 1000 STREET 2: WELLINGTON CTR CITY: DALLAS STATE: TX ZIP: 75240 BUSINESS PHONE: 2148510500 MAIL ADDRESS: STREET 1: WELLINGTON CENTRE STE 1000 STREET 2: 14643 DALLAS PKWY CITY: DALLAS STATE: TX ZIP: 75240-8871 FORMER COMPANY: FORMER CONFORMED NAME: ELCOR CHEMICAL CORP DATE OF NAME CHANGE: 19761119 8-K 1 FORM 8-K 1 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) October 28, 1997 ---------------- ELCOR CORPORATION ------------------------------------------------------ (Exact name of Registrant as specified in its charter) DELAWARE 1-5341 75-1217920 - ------------------------------ ----------------------- ------------------ (State or other jurisdiction of Commission File number (I.R.S. Employer incorporation or organization) Identification No.) 14643 DALLAS PARKWAY SUITE 1000, WELLINGTON CENTRE, DALLAS, TEXAS 75240-8871 - -------------------------------------------- ----------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (972)851-0500 ------------- NOT APPLICABLE ------------------------------------------------------------- (Former name or former address, if changed since last report) 2 Item 5. Other Events GAF Patent Litigation In the ongoing patent litigation with GAF, the district court made two significant rulings. The first concerned the coverage of Elk of Dallas's design and utility patents and was generally favorable. The second concerned GAF's inequitable conduct defenses and was unfavorable. Although the court found that the issue was close, it concluded that the design patent was unenforceable due to inadequate disclosure to the patent examiner of certain prior art. Elk of Dallas and its outside counsel disagree strongly with the ruling of inequitable conduct and will appeal from the ruling at an appropriate time. In the interim, trial on the trade dress claim in the case and trial in the utility patent case is unscheduled but pending. While management can give no assurances regarding the ultimate outcome of the litigation, outside counsel believe that Elk of Dallas will prevail on its patent and trade dress claims and that Elk of Dallas will defeat GAF's counterclaims. Even if the outcome were to be adverse to Elk of Dallas, it is not expected to have a material effect on the Registrant's financial position or liquidity. See Registrant's Current Report on Form 8-K dated October 15, 1997 for Registrant's cautionary "safe harbor" provision, which is incorporated herein by this reference, setting forth certain risks and uncertainties of its forward-looking information. 2 3 SIGNATURES Pursuant to the requirement of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. ELCOR CORPORATION DATE: October 28, 1997 /s/ Harold K. Work --------------------------- ----------------------------- Harold K. Work President and Chief Executive Officer 3 -----END PRIVACY-ENHANCED MESSAGE-----