-----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, Vvp+s6KGPYg3A6XvSTPqxHKrtj1dnn77d0e4Sh98UfoSO65XvbjBjIf8Nhnm3nW4 5EpLAOmGSGPpgFFsBxEDPw== 0001125282-02-001872.txt : 20020530 0001125282-02-001872.hdr.sgml : 20020530 20020530134242 ACCESSION NUMBER: 0001125282-02-001872 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020524 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020530 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACTV INC /DE/ CENTRAL INDEX KEY: 0000854152 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 942907258 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10377 FILM NUMBER: 02665958 BUSINESS ADDRESS: STREET 1: 1270 AVE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 BUSINESS PHONE: 2122622571 MAIL ADDRESS: STREET 1: 12270 AVE OF THE AMERICAS #2401 STREET 2: 12270 AVE OF THE AMERICAS #2401 CITY: NEW YORK STATE: NY ZIP: 10020 8-K 1 b318740_8k.txt CURRENT REPORT 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) May 24, 2002 ACTV, INC. (Exact name of registrant as specified in its charter) Delaware 001-10377 94-2907258 (State or other (Commission File (IRS Employer jurisdiction of Number) Identification No.) incorporation) 233 PARK AVENUE SOUTH, 10th FLOOR NEW YORK, NEW YORK 10003 (Address of principal executive offices, including zip code) (212) 497-7000 (Registrant's telephone number, including area code) (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS On May 24, 2002, the United States District Court for the Southern District of New York issued an order of summary judgment dismissing the patent infringement suit filed by ACTV, Inc. against The Walt Disney Co. and certain of its subsidiaries. ACTV's suit alleged infringement of certain ACTV patents covering the enhancement of television and other programming with synchronous Internet-based functions. Without addressing the validity and enforceability of the three patents in suit, the Court reached summary judgment on non-infringement alone. ACTV, Inc. is in strong disagreement with the Court's decision and is currently evaluating its options, including an appeal. ITEM 7. EXHIBITS (c) Exhibits. 99.1 Press Release dated May 24, 2002 announcing summary judgment in favor of The Walt Disney Co. and certain of its subsidiaries (collectively "Walt Disney") in connection with ACTV, Inc.'s patent infringement suit against Walt Disney. SIGNATURES Pursuant to the requirement 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. ACTV, INC. By: /s/ Christopher C. Cline ----------------------------- Christopher C. Cline Chief Financial Officer Dated: May 30, 2002 EX-99.1 3 b318740ex_99-1.txt PRESS RELEASE DATED MAY 24, 2002 Exhibit 99.1 ACTV Comments on Patent Litigation NEW YORK, May 24 /PRNewswire-FirstCall/ -- ACTV, Inc. (Nasdaq: IATV) reported today that the United States District Court for the Southern District of New York has granted summary judgment in favor of defendants The Walt Disney Co., and certain of its subsidiaries. Without addressing the validity and enforceability of the three patents in suit, the Court reached summary judgment on non-infringement alone. Consequently, the Court went on to dismiss the case. ACTV filed suit alleging infringement of certain ACTV patents covering the enhancement of television and other programming with synchronous Internet-based functions. ACTV reported that it disagrees strongly with the Court's decision, and it is currently evaluating its options, including an appeal. ABOUT ACTV, INC. ACTV, Inc. (Nasdaq: IATV) is a digital media company providing proprietary technologies, tools, and technical and creative services for interactive TV advertising, personalized programming applications and enhanced media. For more information, visit http://www.actv.com. This news release contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements concerning plans, objectives, goals, strategies, future events or performance, and underlying assumptions and other statements which are other than statements of historical facts. These statements are subject to uncertainties and risks including, but not limited to, product and service demand and acceptance, changes in technology, economic conditions, the impact of competition and pricing, government regulation, and other risks defined in this document and in statements filed from time to time with the Securities and Exchange Commission. All such forward-looking statements, whether written or oral, and whether made by or on behalf of the companies, are expressly qualified by the cautionary statements and any other cautionary statements which may accompany the forward-looking statements. In addition, the companies disclaim any obligation to update any forward-looking statements to reflect events or circumstances after the date hereof. -----END PRIVACY-ENHANCED MESSAGE-----