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) May 16, 2005
---------------
AVOCENT CORPORATION
-------------------------------------------------------------------------------
(Exact name of registrant as specified in its charter)
DELAWARE 000-30575 91-2032368
-------------------------------------------------------------------------------
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
4991 CORPORATE DRIVE HUNTSVILLE, AL 35805
-------------------------------------------------------------------------------
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (256) 430-4000
--------------
n/a
-------------------------------------------------------------------------------
(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 7.01 Regulation FD Disclosure.
On May 12, 2005, Avocent Corporation and its wholly-owned subsidiary,
Avocent Redmond Corp., entered into a License and Settlement Agreement with
Raritan Inc. and Raritan Computer Inc. that settles Avocent Redmond Corp.'s
patent infringement lawsuit against Raritan Computer Inc. The Agreement resolves
all claims among the parties. Under the terms of the Agreement, Avocent licensed
certain patents to Raritan, and the parties entered into a worldwide, five-year
litigation stand-still agreement. Avocent received an upfront payment and will
receive quarterly payments over five years. Avocent will also be entitled to
additional royalty payments if sales by Raritan of products incorporating
Avocent's licensed technology reach specified levels. On May 16, 2005, Avocent
publicly disseminated a press release announcing the settlement, and the
information contained in the press release is incorporated herein by reference
and furnished as Exhibit 99.10 hereto.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits.
Exhibit Number Description of Exhibit
-------------- -----------------------
99.10 Press release issued May 16, 2005
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.
AVOCENT CORPORATION
Date: May 16, 2005
By: /s/ Samuel F. Saracino
----------------------------------------
Samuel F. Saracino
Executive Vice President
of Legal and Corporate Affairs,
General Counsel, and Secretary
EXHIBIT INDEX
Exhibit Description
------- ------------
99.10 Press release issue May 16, 2005