-----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, ASA7BTIT3oXlO+oYbd57QR6t04UvkaERRWWGrE7h8dwzLmKo6ZCvEpxlSCaTvGGR WB2Abcpcj2wKZjTKX4lPHg== 0000048305-98-000002.txt : 19980421 0000048305-98-000002.hdr.sgml : 19980421 ACCESSION NUMBER: 0000048305-98-000002 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19980407 ITEM INFORMATION: FILED AS OF DATE: 19980420 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: HONEYWELL INC CENTRAL INDEX KEY: 0000048305 STANDARD INDUSTRIAL CLASSIFICATION: AUTO CONTROLS FOR REGULATING RESIDENTIAL & COMML ENVIRONMENT [3822] IRS NUMBER: 410415010 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-20629 FILM NUMBER: 98597358 BUSINESS ADDRESS: STREET 1: HONEYWELL PLZ STREET 2: 2701 4TH AVE S CITY: MINNEAPOLIS STATE: MN ZIP: 55408 BUSINESS PHONE: 6129511000 MAIL ADDRESS: STREET 1: PO BOX 524 CITY: MINEAPOLIS STATE: MN ZIP: 55440-0524 FORMER COMPANY: FORMER CONFORMED NAME: MINNEAPOLIS HONEYWELL REGULATOR CO DATE OF NAME CHANGE: 19670213 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): April 7, 1998 Honeywell Inc. ----------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 1-971 41-0415010 ---------------- ---------------- -------------------- (State or other (Commission (IRS Employer jurisdiction of File Number) Identification No.) incorporation) Honeywell Plaza Minneapolis, Minnesota 55408 --------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (612) 951-1000 Not Applicable ------------------------------------------------------------ (Former name or former address, if changed since last report) Item 5. Other Events. ------------ On April 7, 1998, a three judge panel of the United States Court of Appeals for the Federal Circuit (the `Federal Circuit') issued its second decision in the Litton Systems, Inc. v. Honeywell Inc. patent/tort case which had been remanded by the U.S. Supreme Court to the Federal Circuit panel for reconsideration in light of the U.S. Supreme Court's decision in the WARNER-JENKINSON V. HILTON- DAVIS case. In its decision, the Federal Circuit panel: 1. Affirmed the trial court's grant of Judgement As a Matter of Law (`JMOL') that Honeywell's hollow cathode and RF ion beam processes do not literally infringe the asserted claims of Litton's `849 reissue patent (`Litton's patent'); 2. Vacated the trial court's grant of JMOL that Honeywell's RF ion beam process does not infringe the asserted claims of Litton's patent under the doctrine of equivalents, vacated the jury's verdict on that issue, and remanded that issue to the U.S. District Court, Central District of California (the `trial court') for further proceedings; 3. Vacated the jury's verdict that Honeywell's hollow cathode process infringes the asserted claims of Litton's patent under the doctrine of equivalents and remanded that issue to the trial court for further proceedings; 4. Reversed the trial court's grant of JMOL with respect to the torts of intentional interference with contractual relations and intentional interference with prospective economic advantage, vacated the jury's verdict on that issue, and remanded the issue to the trial court for further proceedings; 5. Affirmed the trial court's grant of a new trial to Honeywell on damages, if necessary; 6. Affirmed the trial court's order granting intervening rights to Honeywell; 7. Reversed the trial court's grant of JMOL and reinstated the jury's verdict that the asserted claims of Litton's patent are not invalid for obviousness; and 8. Reversed the trial court's determination that Litton had obtained its `849 reissue patent through inequitable conduct. Litton has indicated that it will seek further appellate review of this decision and an expedited scheduling of the pending antitrust damages only retrial before Judge Pfaelzer. Honeywell intends to vigorously oppose any such actions by Litton. On April 8, 1998, the Registrant issued a News Release regarding the foregoing, a copy of which is filed herewith as Exhibit 99(i). Further information regarding these matters is set forth in Part II, Item 1 of the Registrant's Annual Report on Form 10K for the year ended December 31, 1997, as filed with the Commission on March 18, 1998. Item 7. Financial Statements and Exhibits. --------------------------------- (c) Exhibits: 99(i) Honeywell Inc. News Release dated April 8, 1998. 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. HONEYWELL INC. By: /s/ Edward D. Grayson -------------------------- Edward D. Grayson Vice President and General Counsel Date: April 20, 1998 INDEX TO EXHIBITS Exhibit No. - ---------- 99(i) Honeywell Inc. News Release dated April 8, 1998. EX-99 2 Exhibit 99(i) FOR IMMEDIATE RELEASE CONTACT: Melissa Young 612-951-0773 melissa.young@corp.honeywell.com HONEYWELL PLEASED WITH FEDERAL APPEALS COURT RULING LITTON PATENT CASE REMANDED TO DISTRICT COURT MINNEAPOLIS, APRIL 8, 1998 - Honeywell Inc. said it is very pleased with yesterday's decision by the Court of Appeals for the Federal Circuit to return the LITTON SYSTEMS INC. V. HONEYWELL INC. patent and business interference case back to the district court for further proceedings. The case relates to mirror technology for ring laser gyroscopes used in navigation systems for commercial aircraft. `The Federal Circuit vacated jury findings on patent infringement and state torts and also made certain infringement rulings favorable to Honeywell. We believe the case is now much better positioned for us to show Litton's improper attempts to recover in court what it gave up in the Patent Office nine years ago,' said Edward D. Grayson, Honeywell vice president and general counsel. `This ruling does not conclude the matter, and Litton may even seek further appellate review before the case returns to the trial court. We are optimistic that when the case is finally concluded there will be a favorable result for Honeywell.' Honeywell is a global controls company focused on creating value through technology that enhances comfort, improves productivity, saves energy, protects the environment and increases safety. The company services customers worldwide in the homes and building, industrial, and aviation and space markets. Honeywell employs 57,500 people in 95 countries, and had 1997 sales of $8 billion. -----END PRIVACY-ENHANCED MESSAGE-----