tkcomplaint.htm - Generated by SEC Publisher for SEC Filing
 

UNITED STATES

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):  December 9, 2009
 

PERFORMANCE TECHNOLGIES, INCORPORATED
(Exact name of registrant as specified in its charter)

 
         
Delaware
(State or other jurisdiction
of incorporation)
  
02-27460
(Commission
File Number)
  
16-1158413
(IRS Employer
Identification No.)
         
205 Indigo Creek Drive
 Rochester, New York
  
 
14626
(Address of principal executive offices)
  
(Zip Code)


(585) 256-0200   
(Registrant’s telephone number, including area code)
 
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 (see General Instruction A.2 below):
 
[  ]
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

Performance Technologies, Inc. (the “Company”) today announced that Tekelec, a California corporation headquartered in Morrisville, North Carolina, has filed a complaint against the Company in the U.S. District Court for the Eastern District of North Carolina alleging that certain of the Company’s signaling systems products infringe three of Tekelec’s issued patents. The complaint seeks a determination of infringement, a preliminary and permanent injunction from further infringement and an unspecified amount of damages.

The Company has not yet been served with the complaint, but the allegations are being evaluated and the Company will vigorously defend itself against these allegations.

 

 

 

 

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.

                                                                                                       

PERFORMANCE TECHNOLOGIES, INCORPORATED
 
 
December 11, 2009 By /s/ John M. Slusser 
John M. Slusser
  President and Chief Executive Officer 
 
 
December 11, 2009 By /s/ Dorrance W. Lamb 
Dorrance W. Lamb
Chief Financial Officer and Senior Vice President of Finance