-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, b1D/+UnnaTWXgtLBkcIzzUZcEeeDTmP/pTk1ncT1on7549xOLpAxIOHhWIXDdyw8 wfqoawTPNqy4/RVRCnB8cQ== 0000060751-94-000004.txt : 19940114 0000060751-94-000004.hdr.sgml : 19940114 ACCESSION NUMBER: 0000060751-94-000004 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19931118 ITEM INFORMATION: 1 FILED AS OF DATE: 19940111 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LUBRIZOL CORP CENTRAL INDEX KEY: 0000060751 STANDARD INDUSTRIAL CLASSIFICATION: 2890 IRS NUMBER: 340367600 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 34 SEC FILE NUMBER: 001-05263 FILM NUMBER: 94500996 BUSINESS ADDRESS: STREET 1: 29400 LAKELAND BLVD CITY: WICKLIFFE STATE: OH ZIP: 44092 BUSINESS PHONE: 2169434200 8-K/A 1 FORM 8-K AMENDED SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 18, 1993 THE LUBRIZOL CORPORATION Ohio 1-5263 34-0367600 - ---------------------------- -------------- ------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 29400 Lakeland Boulevard, Wickliffe, Ohio 44092 - ------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code 216-943-4200 Item 5. Other Events On November 18, 1993, a federal court jury in Houston, Texas, awarded Exxon Corporation $48 million in damages in a case brought in 1989 against The Lubrizol Corporation for alleged infringement of a patent pertaining to an oil-soluble copper additive component. The damage award relates to a December 1992 jury verdict that Lubrizol infringed the Exxon patent by selling lubricant additive packages containing the copper component between September 1989 and January 1993. The findings of infringement and validity, as well as an $18.1 million attorneys' fee award, are on appeal to the United States Court of Appeals for the Federal Circuit in Washington, D.C., which has jurisdiction over all patent cases. Oral argument on the original trial verdict was held on December 6, 1993, and a decision is expected in 1994. The damages award can be increased to an amount not more than three times the jury verdict in the trial court's discretion and is appealable to the same United States Court of Appeals. Lubrizol continues to believe that it has not infringed the Exxon patent and that the patent is invalid. Based on the advice of legal counsel, Lubrizol believes that the trial court judgment will not be upheld on appeal. Therefore, no provision for damages or the attorneys' fees award has been made in the Company's financial statements. Lubrizol has prevailed in a separate case brought in Canada against Exxon's Canadian affiliate, Imperial Oil, Ltd., for infringement of Lubrizol's patent pertaining to dispersant, the largest additive component used in motor oils. A 1990 trial court verdict in favor of Lubrizol regarding the issue of liability was upheld by the Federal Court of Appeals of Canada in December 1992, and in October 1993, the Supreme Court of Canada dismissed Imperial Oil's appeal of the Court of Appeals decision. The case now will return to the trial court for an assessment of damages, which Lubrizol believes will take 9 to 12 months. THE LUBRIZOL CORPORATION /s/John R. Ahern ------------------------------- John R. Ahern Chief Accounting Officer and Duly Authorized Signatory of The Lubrizol Corporation January 10, 1994 -----END PRIVACY-ENHANCED MESSAGE-----