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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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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 14, 1996
NETWORK APPLIANCE, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN CHARTER)
California 0-27130 77-0307520
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
319 North Bernardo Avenue, Mountain View, California 94301
(Address of principal executive offices) (Zip Code)
Company's telephone number, including area code: (415) 428-5100
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(Former name or former address, if changed since last report.)
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ITEM 5. OTHER EVENTS.
Settlement of Whipsaw Litigation
On August 14, 1996, the Registrant agreed to settle an intellectual
property lawsuit brought against it by the Whipsaw Group. In connection with the
settlement, the Registrant recorded a pre-tax charge of Four Million Three
Hundred Thousand dollars ($4,300,000) in the quarter that ended July 26, 1996.
The $4.3 million charge consists of a Three Million Five Hundred Thousand dollar
($3,500,000) payment to the plaintiffs and Eight Hundred Thousand dollars
($800,000) in legal fees. The total settlement with the plaintiffs consists of a
single cash payment and releases the Company from all liabilities.
Resignation of Chief Financial Officer
On August 14, 1996, Mr. Michael McCloskey, Chief Financial Officer,
Vice President, Finance and Operations, and Secretary, announced his intention
to leave the Registrant. Mr. McCloskey will continue to serve in these roles for
several weeks while the Registrant conducts a search for his successor.
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ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.
(a) Financial Statements of Businesses Acquired. Not applicable.
(b) Pro Forma Financial Information. Not applicable.
(c) Exhibits:
Exhibit
Number
20.1 Press Release of the Registrant, dated August 14, 1996,
regarding the settlement of the Whipsaw litigation.
20.2 Press Release of the Registrant, dated August 14, 1996,
regarding the resignation of Mr. Michael McCloskey.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
as amended, the Registrant has duly caused this report to be signed on its
behalf by the undersigned hereunto duly authorized.
NETWORK APPLIANCE, INC.
Dated: September 9, 1996 By: /s/ Daniel J. Warmenhoven
____________________________________
Daniel J. Warmenhoven
President and Chief Executive Officer
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EXHIBIT INDEX
DESCRIPTION OF DOCUMENT
Exhibit
Number
20.1 Press Release of the Registrant, dated August 14, 1996, regarding the
settlement of the Whipsaw litigation.
20.2 Press Release of the Registrant, dated August 14, 1996, regarding the
resignation of Mr. Michael McCloskey.