8-K 1 a4734720.txt INTERDIGITAL COMMUNICATIONS ================================================================================ 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): October 5, 2004 (September 30, 2004) ______________ INTERDIGITAL COMMUNICATIONS CORPORATION (Exact name of registrant as specified in its charter) Pennsylvania 1-11152 23-1882087 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 781 Third Avenue, King of Prussia, Pennsylvania 19406-1409 (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: 610-878-7800 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 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. Effective September 30, 2004, the Board of Directors of the Company amended Section 4 of the Company's By-Laws to (1) include two officer titles, General Patent Counsel and General Counsel, with descriptions of the respective powers and duties of each office; (2) remove a provision providing for the succession from the office of Vice-President to the office of President if the office of President is made vacant under certain prescribed circumstances; and (3) provide that, absent an appointment by the Board of Directors of someone other than General Counsel, the Secretary of the Company shall be the General Counsel, and where the Board of Directors appoints a separate individual to the position of Secretary, such person shall report to the General Counsel. The full text of the Company's By-Laws as so amended and restated are attached as Exhibit 3.3 to this report. 2 Item 9.01. Financial Statements and Exhibits. The following exhibit is filed with this report: Exhibit 3.3 - Amended and Restated By-Laws of the Company (effective September 30, 2004). 3 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. INTERDIGITAL COMMUNICATIONS CORPORATION By: /s/ Howard E. Goldberg ------------------------------------------ Howard E. Goldberg President and Chief Executive Officer Date: October 5, 2004 4 EXHIBIT INDEX Exhibit No. Description ----------- ----------- 3.3 Amended and Restated By-Laws of the Company (effective September 30, 2004) 5