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): June 22, 2009
ION Geophysical Corporation
(Exact name of registrant as specified in its charter)
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Delaware
(State or other jurisdiction of
incorporation)
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1-12691
(Commission file number)
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22-2286646
(I.R.S. Employer Identification No.) |
2105 CityWest Blvd, Suite 400
Houston, Texas 77042-2839
(Address of principal executive offices, including Zip Code)
(281) 933-3339
(Registrants telephone number, including area code)
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:
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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)) |
Item 8.01. Other Events.
On June 22, 2009, ION Geophysical Corporation (the Company) issued a press release
announcing that it had filed an answer and counterclaims against WesternGeco L.L.C. (WesternGeco)
in the lawsuit styled WesternGeco L.L.C. v. ION Geophysical Corporation, originally filed by
WesternGeco in the United States District Court for the Southern District of Texas, Houston
Division, on June 12, 2009. A copy of the press release is attached as Exhibit 99.1.
In its original complaint filed against the Company, WesternGeco alleges that the Company has
infringed several United States patents regarding marine seismic streamer steering devices that are
owned by WesternGeco. WesternGeco is seeking unspecified monetary damages and an injunction
prohibiting the Company from making, using, selling, offering for sale or supplying any infringing
products in the United States. Based on the Companys review of the lawsuit filed by WesternGeco
and the WesternGeco patents at issue, the Company believes that its products do not infringe any
WesternGeco patents, that the claims asserted by WesternGeco are without merit and that the
ultimate outcome of the claims will not result in a material adverse effect on the Companys
financial condition or results of operations. The Company intends to defend the claims against it
vigorously.
In its answer and counterclaims, the Company denies that it has infringed WesternGecos
patents and asserts that the WesternGeco patents are invalid or unenforceable. The Company also
asserts that WesternGecos Q-Marine system, components and technology infringe upon a United States
patent owned by the Company related to marine seismic streamer steering devices. The claims by the
Company also assert that WesternGeco misappropriated the Companys proprietary technology and
breached a confidentiality agreement between the parties by using the Companys technology in its
patents and products and that WesternGeco tortiously interfered with the Companys relationship
with its customers. In addition, the Company claims that the lawsuit against it by WesternGeco is
an illegal attempt by WesternGeco to control and restrict competition in the market for marine
seismic surveys performed using laterally steerable streamers. In its counterclaims, the Company
is requesting various remedies and relief, including a declaration that the WesternGeco patents are
invalid or unenforceable, an injunction prohibiting WesternGeco from making, using, selling,
offering for sale or supplying any infringing products in the United States, a declaration that the
WesternGeco patents should be co-owned by the Company, and an award of unspecified monetary
damages.
The information in this Current Report on Form 8-K (including Exhibit 99.1) shall not be
deemed to be filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended
(the Exchange Act), or otherwise subject to the liability of that section, and shall not be
incorporated by reference into any registration statement or other document filed under the
Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by
specific reference in such filing.
Item 9.01 Financial Statements and Exhibits.
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Financial statements of businesses acquired. |
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Not applicable. |
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(b) |
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Pro forma financial information. |
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Not applicable. |
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(c) |
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Shell company transactions. |
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Not applicable. |
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(d) |
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Exhibits. |
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Exhibit Number |
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Description |
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99.1 |
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Press Release dated June 22, 2009. |
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