UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549-1004
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 21, 2009
MODAVOX, INC.
(Exact Name of Registrant as Specified in its Charter)
STATE OF DELAWARE 333-57818 20-0122076
- -------------------------------- ----------------------- -----------------
(State or other jurisdiction of Commission File Number) (I.R.S. Employer
Incorporation or Organization) Identification No.)
1900 W UNIVERSITY DR, SUITE 230
TEMPE, AZ 85281 85281-3291
- ---------------------------------------- ------------------------------
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code (480) 553 5795
---------------
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))
TABLE OF CONTENTS
8.01 OTHER EVENTS
SIGNATURES
ITEM 8.01 OTHER EVENTS
Modavox, Inc. (OTCBB: MDVX), Internet broadcasting pioneer and holder of several
patented technologies, On April 28, 2009, Modavox notified Yahoo, Inc., of its
belief Yahoo's deployment and use on its Internet platform of Blue Lithium's
behavioral targeting technology for online advertising infringes Modavox's
patents relating to a method for adding function to a Web page. Modavox stated
it would grant a license under its patents to Yahoo or otherwise Yahoo must
cease and desist from its apparent infringement.
Yahoo was given until May 18, 2009 to discontinue its employment of Blue
Lithium's technology or, in the alternative, to indicate Yahoo's interest in
seeking a license to the patents and scheduling a meeting.
On May 5, 2009, Modavox's counsel was contacted by house counsel for Yahoo, who
requested the opportunity to respond to the letter and discuss this matter with
Modavox's counsel after her return from prior scheduled litigation and
calendared commitments away from the office. Based on the conversation,
Modavox's counsel granted an open extension to Yahoo. Modavox's counsel expects
from the conversation and open extension request to have substantive discussions
with Yahoo's counsel upon her return.
This release contains "forward-looking statements" for purposes of the
Securities and Exchange Commission's "safe harbor" provisions under the Private
Securities Litigation Reform Act of 1995. These forward-looking statements are
subject to various risks and uncertainties that could cause Modavox's actual
results to differ materially from those currently anticipated, including the
risk factors identified in Modavox's most recent 10-K filing and subsequent 10-Q
filings as well as other filings with the Securities and Exchange Commission.
# # #
* * * * * *
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.
MODAVOX, INC.
(Registrant)
Date: May 21, 2009 By: /s/ Mark Severini
----------------------------------
(Mark Severini,
Chief Executive Officer)