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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 27, 2005
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VENDINGDATA CORPORATION
(Exact Name of Registrant as Specified in Its Charter)
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Nevada 001-32161 91-1696010
(State or Other Jurisdiction of (Commission File Number) (I.R.S. Employer
Incorporation) Identification Number)
6830 Spencer Street
Las Vegas, Nevada 89119
(Address of principal executive offices)
(702) 733-7195
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligations 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
240.14d-2(b)
|_| 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)
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Item 7.01 Regulation FD Disclosure
On December 27, 2005, the United States Court of Appeals for the Federal
Circuit issued a final ruling regarding our Notice of Appeal in the infringement
action brought against us by Shuffle Master, Inc. in the United States District
Court, District of Nevada (Case NO. CV-S-04-1373-JCM-LRL) on October 5, 2004.
The Notice of Appeal related to the order issued by the United States District
Court granting Shuffle Master's motion for a preliminary injunction preventing
us from selling our PokerOne(TM) Shuffler.
In its ruling the Court of Appeals reversed the order of the District
Court and overturned the preliminary injunction. In addition, the Court of
Appeals expressly concluded that under our claim construction, our PokerOne(TM)
Shuffler does not infringe on Shuffle Master's patent for its shuffler product.
The Court of Appeal's decision permits us to seek damages from Shuffle Master
for the period we were wrongfully enjoined. We intend to pursue all available
remedies against Shuffle Master relating to this matter.
This disclosure contains forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995. Such statements are
subject to certain risks and uncertainties more fully described in the attached
press release filed as Exhibit 99.1 to this Current Report, and actual
circumstances, events or results may differ materially from those projected in
such forward-looking statements. We caution readers not to place any undue
reliance on any forward-looking statements. We do not undertake, and
specifically disclaim any obligation, to update or revise such statements to
reflect new circumstances or unanticipated events as they occur.
The information contained in this Item 7.01, including the information set
forth in the attached press release filed as Exhibit 99.1 to, and incorporated
in, this Current Report, is being "furnished" and shall not be deemed "filed"
for the purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the "Exchange Act"), or otherwise subject to the liabilities of that
section. The information contained in this Item 7.01, including the information
in Exhibit 99.1 furnished pursuant to this Item 7.01 shall not be incorporated
by reference into any registration statement or other documents pursuant to the
Securities Act or into any filing or other document pursuant to the Exchange Act
except as otherwise expressly stated in any such filing.
Item 9.01 Financial Statements and Exhibits
(c) The following exhibits are filed as exhibits to this Current Report on
Form 8-K:
Exhibit No. Description
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99.1 Press Release dated December 28, 2005
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.
VENDINGDATA CORPORATION
Dated: December 29, 2005 /s/ Mark R. Newburg
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Mark R. Newburg,
President and Chief Executive Officer