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): February 22, 2018
CLEARFIELD, INC.
(Exact Name of Registrant as Specified in Charter)
| Minnesota | 0-16106 | 41-1347235 |
| (State or Other Jurisdiction of Incorporation) | (Commission File Number) | (I.R.S. Employer Identification Number) |
| 7050 Winnetka Avenue North, Suite 100, Brooklyn Park, Minnesota 55428 |
| (Address of Principal Executive Offices) (Zip Code) |
(763) 476-6866
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
| 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)) | |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2). Emerging growth company [ ]
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. [ ]
Items under Sections 1 through 6 and 8 are not applicable and therefore omitted.
Item 7.01. Regulation FD Disclosure.
On February 22, 2018, Clearfield, Inc. (the “Company”) issued a press release jointly with CommScope Technologies LLC (“CommScope”) regarding the settlement in principle of the patent infringement lawsuit CommScope filed against the Company in January 2017, which press release is attached hereto as Exhibit 99.1. The information in this Item 7.01 and Exhibit 99.1 is intended to be furnished under Item 7.01 and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, and shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.
Item 9.01. Financial Statements and Exhibits.
Exhibit No. Description 99.1 Press Release Issued on February 22, 2018 by Clearfield, Inc.
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.
| CLEARFIELD, INC. | ||
| Date: February 22, 2018 | By: | /s/ Cheryl Beranek |
| Cheryl Beranek | ||
| Chief Executive Officer | ||
EXHIBIT 99.1
CommScope, Clearfield Agree to Patent Lawsuit Settlement
HICKORY, N.C. and MINNEAPOLIS, MN, Feb. 22, 2018 (GLOBE NEWSWIRE) -- CommScope, a global leader in infrastructure solutions for communications networks, and Clearfield, Inc., the specialist in fiber management and connectivity platforms for communications providers, have agreed to terms of a settlement that would resolve the patent infringement lawsuit CommScope filed against Clearfield in January 2017 (CommScope Technologies, LLC v. Clearfield, Inc., 17-cv-307 (D. Minn.)).
In the suit, CommScope claimed infringement of 13 patents relating to CommScope fiber-to-the-X (FTTx) innovations by certain features of specific models of Clearfield’s cabinet, splitter, and terminal products. Clearfield responded with affirmative defenses and filed inter partes reviews with the US Patent and Trademark Office relating to some of the asserted patents.
As part of the settlement, the parties will jointly dismiss the litigation and withdraw the inter-partes reviews. In addition, Clearfield has moved to new design solutions in place of the contested products, and will pay CommScope a one-time payment of $850,000.
About CommScope:
CommScope (NASDAQ:COMM) helps design, build and manage wired and wireless networks around the world. As a communications infrastructure leader, we shape the always-on networks of tomorrow. For more than 40 years, our global team of greater than 20,000 employees, innovators and technologists have empowered customers in all regions of the world to anticipate what’s next and push the boundaries of what’s possible. Discover more at http://www.commscope.com.
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About Clearfield, Inc.:
Clearfield, Inc. (NASDAQ:CLFD) designs, manufactures and distributes fiber optic management, protection and delivery products for communications networks. Our “fiber to anywhere” platform serves the unique requirements of leading incumbent local exchange carriers (traditional carriers), competitive local exchange carriers (alternative carriers), and MSO/cable TV companies, while also catering to the broadband needs of the utility/municipality, enterprise, data center and military markets. Headquartered in Minneapolis, MN, Clearfield deploys more than a million fiber ports each year. For more information, visit www.SeeClearfield.com
CommScope News Media Contact
Rick Aspan, CommScope
+1 708-236-6568
publicrelations@commscope.com
Clearfield Media & Analyst Contact
Richard M. Williams
Witz Communications
+1 919-435-9110
rmwilliams@witzcommunications.com
CommScope Financial Contact
Jennifer Crawford, CommScope
+1 828-323-4970
Clearfield Investor Relations Contact
Matt Glover and Najim Mostamand, CFA
Liolios Group, Inc.
+1 949-574-3860
clfd@liolios.com