-----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, RgDfhZe9DnyYbBZKi9W4Cm/SmvK/IKcdWIt0nGc2vl9L3Vdcg5DZpEzy7BPijRlZ jIbE/Y7wK5E2+0D9pTqzfg== 0001157523-03-005538.txt : 20031020 0001157523-03-005538.hdr.sgml : 20031020 20031020132103 ACCESSION NUMBER: 0001157523-03-005538 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20031020 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20031020 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ITRON INC /WA/ CENTRAL INDEX KEY: 0000780571 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 911011792 STATE OF INCORPORATION: WA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-22418 FILM NUMBER: 03947461 BUSINESS ADDRESS: STREET 1: 2818 N SULLIVAN RD CITY: SPOKANE STATE: WA ZIP: 99216 BUSINESS PHONE: 5099249900 MAIL ADDRESS: STREET 1: 2818 NORTH SULLIVAN ROAD CITY: SPOKANE STATE: WA ZIP: 99216 FORMER COMPANY: FORMER CONFORMED NAME: ITRON INC DATE OF NAME CHANGE: 19920724 8-K 1 a4496759.txt ITRON 8-K 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 October 20, 2003 -------------------------------------- (Date of Report) ITRON, INC. ---------------------------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Washington 000-22418 91-1011792 --------------------------------- ----------------------------- ------------ (State or Other Jurisdiction (Commission File No.) (IRS Employer of Incorporation) Identification No.) 2818 N. Sullivan Road, Spokane, WA 99216 ------------------------------------------------------------------------------- (Address of Principal Executive Offices, including Zip Code) (509) 924-9900 ------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) None ------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Item 9. Regulation FD Disclosure. The following item is attached as an exhibit hereto: (c) Exhibits. Exhibit No. 99.1 Press Release dated October 15, 2003, "Itron Settles Patent Infringement Litigation." SIGNATURE 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. ITRON, INC. Dated: October 20, 2003 By: /s/ DAVID G. REMINGTON ---------------------- David G. Remington Vice President and Chief Financial Officer EX-99 3 a4496759ex99.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 Itron Settles Patent Infringement Litigation SPOKANE, Wash.--(BUSINESS WIRE)--Oct. 15, 2003--Itron, Inc. (Nasdaq:ITRI) announced today that it has entered into a settlement agreement with Ralph Benghiat, an individual, that resolves all outstanding Benghiat patent litigation issues and assigns ownership of Mr. Benghiat's patent to Itron. On December 20, 2002, a jury in Minneapolis found that Itron's manual entry handheld meter reading devices infringed a patent owned by Mr. Benghiat and awarded Mr. Benghiat damages of $7.4 million. On August 29, 2003, the Court issued an injunction prohibiting sales of the accused products and awarded Benghiat interest on the verdict, which Itron estimated to be approximately $2 million. According to the terms of the settlement, Itron will pay Benghiat $7.9 million to settle all payments to Benghiat for royalties, interest, attorney's fees and any other items. The agreement also specifies that ownership of the patent will be transferred to Itron. Itron had previously recorded a $7.4 million pre-tax charge for the amount of the jury's award in December 2002 and will record an additional $500,000 charge in the third quarter of 2003. "While we continue to believe that our products do not infringe the Benghiat patent, this settlement will allow us to focus our efforts and resources in a positive direction for our customers, employees and shareholders," said LeRoy Nosbaum, chairman and CEO of Itron. About Itron: Itron is a leading technology provider and critical source of knowledge to the global energy and water industries. More than 2,800 utilities worldwide rely on Itron technology to deliver the knowledge they require to optimize the delivery and use of energy and water. Itron delivers value to its clients by providing industry-leading solutions for meter data collection, energy information management, demand side management and response, load forecasting, analysis and consulting services, transmission and distribution system design and optimization, web-based workforce automation, C&I customer care and residential energy management. To know more, start here: www.itron.com. CONTACT: Itron, Inc. Mima Scarpelli, 509-891-3565 mima.scarpelli@itron.com -----END PRIVACY-ENHANCED MESSAGE-----