0000743988-13-000038.txt : 20130905 0000743988-13-000038.hdr.sgml : 20130905 20130905081622 ACCESSION NUMBER: 0000743988-13-000038 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130830 ITEM INFORMATION: Other Events FILED AS OF DATE: 20130905 DATE AS OF CHANGE: 20130905 FILER: COMPANY DATA: COMPANY CONFORMED NAME: XILINX INC CENTRAL INDEX KEY: 0000743988 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 770188631 STATE OF INCORPORATION: DE FISCAL YEAR END: 0401 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18548 FILM NUMBER: 131079269 BUSINESS ADDRESS: STREET 1: 2100 LOGIC DR CITY: SAN JOSE STATE: CA ZIP: 95124 BUSINESS PHONE: 4085597778 MAIL ADDRESS: STREET 1: 2100 LOGIC DRIVE CITY: SAN JOSE STATE: CA ZIP: 95124 8-K 1 a8-kaugust302013.htm 8-K 8-K August 30.2013


 


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): August 30, 2013
 
XILINX, INC.
(Exact name of registrant as specified in its charter)

Delaware  
000-18548  
77-0188631  
(State or other jurisdiction
(Commission File
(IRS Employer
of incorporation)
Number)
Identification No.)
 
 
 

2100 Logic Drive, San Jose, California
95124
(Address of principal executive offices)
(Zip Code)
 
 
Registrant's telephone number, including area code:   (408) 559-7778  

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 August 30, 2013, a judge in the Federal District Court for the Eastern District of Texas, Marshall Division, issued a memorandum order finding enhanced damages to be appropriate in the patent infringement suit brought against Xilinx, Inc. (the "Company" or “Xilinx”) by PACT XPP Technologies, AG ("PACT"). As previously disclosed by the Company, on May 18, 2012, a jury awarded PACT approximately $15.4 million as a reasonable royalty for past infringement and found that the Company had willfully infringed the patents in suit. The judge's order for enhanced damages adjusts that award to approximately $38.5 million on the basis of the judge's consideration of applicable factors. On September 3, 2013, the court also issued an order requiring the Company to pay approximately $2.5 million for PACT's costs and attorneys' fees and an order requiring the Company to pay approximately $3.0 million for pre- and post-judgment interest. The court denied without prejudice PACT’s motion for ongoing royalties and ordered the parties to negotiate resolution of the future royalty rate on Xilinx sales subject to the patents in suit. Final judgment in the case was issued on September 4, 2013.

Xilinx intends to pursue all available legal options, including appealing the court's ruling. However, the Company expects to record a charge of approximately $28.5 million in its quarter ending September 28, 2013.

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.

 
XILINX, INC.
 
Date: September 5, 2013
By:
/s/ Jon A. Olson
 
 
 
Jon A. Olson
 
 
Senior Vice President, Finance and Chief Financial Officer