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): April 10, 2018
Comarco, Inc.
(Exact name of registrant as specified in its charter)
000-05449
(Commission File Number)
| California | | 95-2088894 |
(State or other jurisdiction of incorporation) | | (I.R.S. Employer
Identification No.) |
28202 Cabot Road, Suite 300 Laguna Niguel, California | | 92677 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (949) 599-7400
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) |
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| [ ] | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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| [ ] | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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| [ ] | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
As previously reported, on February 3, 2015, Comarco, Inc., through its wholly-owned subsidiary Comarco Wireless Technologies, Inc. (collectively, “we”, “our”, “Comarco”, “us”, or “the Company”), filed a lawsuit (Case No. 8:15-cv-00145) for patent infringement against Apple, Inc. (“Apple”) in the United States District Court for the Central District of California. Our complaint alleged that Apple products sold in the United States utilizing the Apple Lightning® power supply adapter system, including most iPad®, iPhone®, and iPod® products, infringe our patented intellectual property.
In September of 2015, Apple filed a petition with the Patent Trial and Appeal Board (the “PTAB”) of the United States Patent and Trademark Office requestinginter partes review of our U.S. Patent No. 8,492,933 B2 (the “933 Patent”). On February 22, 2017, the PTAB issued its finding in favor of Apple.
We subsequently appealed the decision of the PTAB to the Federal Court of Appeal for the Central District (the “Court”). The Court rendered its decision on April 6, 2018 affirming the finding of the PTAB. While we disagree with this finding, the Court’s decision effectively ends our litigation against Apple as it relates to the 933 Patent.
We are currently evaluating a wide range of alternatives to maximize the value of the Company for its shareholders.
SIGNATURE
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.
| | COMARCO, INC. |
| | | |
| Date: April 10, 2018 | By: | /s/ THOMAS W. LANNI |
| | | Thomas W. Lanni President and Chief Executive Officer |
