0000908255-11-000036.txt : 20110517 0000908255-11-000036.hdr.sgml : 20110517 20110517110049 ACCESSION NUMBER: 0000908255-11-000036 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110516 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110517 DATE AS OF CHANGE: 20110517 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BORGWARNER INC CENTRAL INDEX KEY: 0000908255 STANDARD INDUSTRIAL CLASSIFICATION: MOTOR VEHICLE PARTS & ACCESSORIES [3714] IRS NUMBER: 133404508 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12162 FILM NUMBER: 11850279 BUSINESS ADDRESS: STREET 1: 3850 HAMLIN RD. CITY: AUBURN HILLS STATE: MI ZIP: 48326 BUSINESS PHONE: 2487549200 MAIL ADDRESS: STREET 1: 3850 HAMLIN RD. CITY: AUBURN HILLS STATE: MI ZIP: 48326 FORMER COMPANY: FORMER CONFORMED NAME: BORG WARNER AUTOMOTIVE INC DATE OF NAME CHANGE: 19930628 8-K 1 form8k.htm FORM 8-K form8k.htm


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:  May 16, 2011
 
BORGWARNER INC.
 
 
(Exact name of registrant as specified in its charter)
 

Delaware
(State or other jurisdiction of incorporation)
1-12162
(Commission File No.)
13-3404508
(IRS Employer Identification No.)

3850 Hamlin Road, Auburn Hills, Michigan 48326
(Address of principal executive offices)  (Zip Code)
 
Registrant’s telephone number, including area code:  (248) 754-9200

(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))
 

 
 
 

Item 8.01  Other Events
 
On May 16, 2011, BorgWarner Inc. issued a press release announcing that it has successfully settled its patent infringement lawsuit with Honeywell in the U.S. District Court for the Western District of North Carolina.  The press release is filed with this report as Exhibit 99.1 and is herein incorporated by reference.

Item 9.01  Financial Statements and Exhibits

(d)                Exhibits

99.1             Press Release dated May 16, 2011


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.
 

 
BORGWARNER INC.
   
Dated:  May 17, 2011
By:
  John J. Gasparovic  
 
Name: John J. Gasparovic
 
Its: Secretary
 


 
 
 

 
EXHIBIT INDEX
 

Exhibit                           Document
Number

99.1                                Press Release dated May 16, 2011


 EX-99.1 2 pressrelease.htm PRESS RELEASE pressrelease.htm


   
Immediate Release
Contact
Erika Nielsen
248.754.0422
 
    



BORGWARNER ANNOUNCES RESOLUTION OF ITS
PATENT LAWSUIT AGAINST HONEYWELL

Auburn Hills, Michigan, May 16, 2011 – BorgWarner and Honeywell have settled their lawsuit resolving BorgWarner’s patent infringement claims in the U.S. District Court for the Western District of North Carolina. Under the terms of their agreement, Honeywell has agreed to pay $32.5 million for a paid up license to use the asserted BorgWarner patents.  All other terms of the settlement are confidential.

“This is additional proof that BorgWarner is a global technology leader in powertrain solutions including turbochargers,” said Timothy M. Manganello, Chairman and Chief Executive Officer, BorgWarner. “We are proud of our long history of leading turbocharger innovation and our continued investment in research and development.  BorgWarner is pleased with its return on this investment — both through the development and sale of innovative products and through the receipt of fees related to patent infringement lawsuits.”

The lawsuit involved three BorgWarner patents relating to the design and manufacture of cast titanium compressor wheels, used in turbochargers.  Cast titanium compressor wheels are preferred for commercial vehicle engine applications with high cyclical loads and higher charging pressures.  BorgWarner’s patents were the result of a special development program to find a cost-effective solution for these applications.

About BorgWarner
 
Auburn Hills, Michigan-based BorgWarner Inc. (NYSE: BWA) is a product leader in highly engineered components and systems for vehicle powertrain applications worldwide. The company operates manufacturing and technical facilities in 59 locations in 19
 
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countries. Customers include VW/Audi, Ford, Toyota, Renault/Nissan, General Motors, Hyundai/Kia, Daimler, Chrysler, Fiat, BMW, Honda, John Deere, PSA, and MAN. The Internet address for BorgWarner is: http://www.borgwarner.com.

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