-----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, Op2d820yIYR1H6btLsQX/oi2wWIuQaQI3evFnvZIfDlkrqTCmu/fJ+Lyq0n2syRe MVoBJYdjtkg2jmN2zi0BHA== 0000895921-02-000023.txt : 20020829 0000895921-02-000023.hdr.sgml : 20020829 20020828182600 ACCESSION NUMBER: 0000895921-02-000023 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020828 ITEM INFORMATION: Other events FILED AS OF DATE: 20020829 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BE INC CENTRAL INDEX KEY: 0000895921 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER INTEGRATED SYSTEMS DESIGN [7373] IRS NUMBER: 943123667 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26387 FILM NUMBER: 02751705 BUSINESS ADDRESS: STREET 1: 800 EL CAMINO RD STREET 2: SUITE 300 CITY: MENLO PARK STATE: CA ZIP: 95117 BUSINESS PHONE: 6504624100 MAIL ADDRESS: STREET 1: 800 EL CAMINO REAL STREET 2: SUITE 300 CITY: MENLO PARK STATE: CA ZIP: 95117 8-K 1 k8_082802.txt MAIN BODY SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 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 21, 2002 BE INCORPORATED (Exact name of registrant as specified in charter) DELAWARE 000-26387 94-3123667 (State or other Jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 655 WEST EVELYN STREET, SUITE 6 MOUNTAIN VIEW, CALIFORNIA 94041 (Address of principal executive offices) (650) 965-4842 (Registrant's telephone number, including area code) Item 5. Other Events. On August 21, 2002, the Company announced the Judicial Panel on Multidistrict Litigation ordered Be's antitrust lawsuit against Microsoft transferred to the federal district court for the District of Maryland in Baltimore, to be coordinated by Judge Frederick Motz. Be had originally filed its suit in the Northern District of California, where it was assigned to a federal judge sitting in Oakland. The Company also announced the court's scheduling of a pretrial proceedings status conference for the attorneys of all parties whose cases against Microsoft will be coordinated by the judge, and that at an appropriate time, Be will be entitled to have its case transferred back to the federal court in Oakland, unless Be consents to a trial of its case in Baltimore. A copy of the press release issued by the Company is attached hereto as Exhibit 99.1 Exhibit Number Description - -------------- ------------- 99.1 Press Release titled "Be Incorporated's Antitrust Suit Against Microsoft Transferred to Maryland" dated August 21, 2002. 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. Date: August 28, 2002 BE INCORPORATED By: /s/ Daniel S. Johnston Daniel S. Johnston, President EXHIBIT INDEX Exhibit Number Description - -------------- ------------- 99.1 Press Release titled "Be Incorporated's Antitrust Suit Against Microsoft Transferred to Maryland" dated August 21, 2002. EX-99 3 pr_082102.txt 99.1 PRESS RELEASE For more information contact: Be Incorporated Dan Johnston President 650/965-4842 danj@beincorporated.com Be Incorporated's Antitrust Suite Against Microsoft Transferred to Maryland MOUNTAIN VIEW, Calif.--Aug. 21, 2002--Be Incorporated (OTC: BEOSZ.PK - News) announced today the Judicial Panel on Multidistrict Litigation has ordered Be's antitrust lawsuit against Microsoft transferred to the federal district court for the District of Maryland in Baltimore. Be's antitrust suit will now be coordinated by Judge Frederick Motz along with the lawsuits filed by at least two other significant competitors of Microsoft and certain consumer class action suits currently pending there against the software company. Be had originally filed its suit in the Northern District of California, where it was assigned to a federal judge sitting in Oakland. Judge Motz has scheduled a status conference, for the purpose of planning discovery and other pretrial proceedings, on August 27 for the attorneys of all parties whose cases against Microsoft will be coordinated by the judge. At an appropriate time, Be will be entitled to have its case transferred back to the federal court in Oakland, unless Be consents to a trial of its case in Baltimore. About Be Be Incorporated has ceased business operations and filed for dissolution on March 15, 2002. Be's headquarters have moved to Mountain View, California and can be reached at P.O. Box 391420, Mountain View, CA 94039. Be's web site address is: http://www.beincorporated.com. -----END PRIVACY-ENHANCED MESSAGE-----