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): September 11, 2003 BE INCORPORATED (Exact name of registrant as specified in charter) DELAWARE 000-26387 94-3123667 (State or other Jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 655 WEST EVELYN STREET MOUNTAIN VIEW, CALIFORNIA 94041 (Address of principal executive offices) (650) 965-4842 (Registrant's telephone number, including area code) Item 5. Other Events. On September 5, 2003, Be Incorporated, a Delaware corporation, announced that it and Microsoft Corporation have reached a mutually acceptable mediated settlement of an antitrust lawsuit filed by Be in February 2002, which is currently pending in the United States District Court for the District of Maryland in Baltimore. Be will receive a payment from Microsoft, after attorney's fees, in the amount of $23,250,000 to end further litigation. A copy of the press release issued by the Company is attached hereto as Exhibit 99.1. Exhibit Number Description - -------------- ------------- 99.1 Press Release titled "Microsoft Corporation and Be Incorporated Reach Agreement to Settle Litigation" dated September 5, 2003 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. Date: September 11, 2003 BE INCORPORATED By: /s/ Daniel S. Johnston Daniel S. Johnston, President EXHIBIT INDEX Exhibit Number Description - -------------- ------------- 99.1 Press Release titled "Microsoft Corporation and Be Incorporated Reach Agreement to Settle Litigation" dated September 5, 2003.