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): February 10, 2010
AMERIGON INCORPORATED
(Exact name of registrant as specified in its charter)
| Michigan | 0-21810 | 95-4318554 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
| 21680 Haggerty Road, Ste. 101, Northville, MI | 48167 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (248) 504-0500
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 follow 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 250.13e-4(c)) |
Section 1 - 7. Not applicable.
Section 8. Other Events
| Item 8.01 | Other Events |
On February 10, 2010, the Company publicly responded to a legal action filed against the Company by the Windsor, Ontario, Canada-based subsidiary of Germany-based W.E.T. Automotive Systems AG. A copy of the news release is attached as Exhibit 99.1 and is incorporated herein by reference. The information in the attached Exhibit 99.1 shall not be deemed filed for purposes of Section 18 of the Securities Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly stated by specific reference in such filing.
Section 9 Financial Statements and Exhibits
| Item 9.01 | Financial Statements and Exhibits |
| Exhibit 99.1 | Company News Release dated February 10, 2010 |
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.
| AMERIGON INCORPORATED | ||
| By: | /s/ BARRY G. STEELE | |
| Barry G. Steele, | ||
| Chief Financial Officer | ||
Date: February 11, 2010
| Exhibit |
||
| 99.1 | Company News Release dated February 10, 2010 | |
EXHIBIT 99.1
NEWS RELEASE for February 10, 2010
| Contact: |
Allen & Caron Inc Jill Bertotti (investors) jill@allencaron.com Len Hall (media) len@allencaron.com (949) 474-4300 |
AMERIGON COMMENTS ON W.E.T. AUTOMOTIVE AG LAWSUIT
NORTHVILLE, MI (February 10, 2010) . . . Amerigon Incorporated (NASDAQ-GS: ARGN), a leader in developing and marketing products based on advanced thermoelectric (TE) technologies, responded today to legal action filed this week by the Windsor, Ontario, Canada-based subsidiary of Germany-based W.E.T. Automotive Systems AG (W.E.T.). Amerigon President and Chief Executive Officer, Daniel R. Coker, stated that Amerigon believes W.E.T.’s claims are without merit and appear to be a response to the patent infringement action filed by Amerigon against W.E.T. in November 2009.
In November, Amerigon sued W.E.T. alleging that W.E.T. has infringed and continues to infringe upon four patents owned or licensed by Amerigon. The Amerigon patents at issue, which relate to thermoelectric systems and technologies, includes United States Patent Nos. 4,923,248; 5,626,021; 7,587,901; and RE38,128, all of which were asserted in the lawsuit against W.E.T.
Amerigon’s management and its legal team have reviewed the legal action filed by W.E.T. and believe that Amerigon’s technology and patents will be protected.
Coker said, “Amerigon was a willing participant in early discussions to resolve the issues with W.E.T., but conversations reached an impasse, which forced us to seek resolution through the courts. We will continue to vigorously assert our intellectual property rights against W.E.T. and any others who we believe are making unlawful use of our intellectual property.”
Amerigon currently holds or licenses 38 U.S. patents on thermoelectric systems and technologies.
About Amerigon
Amerigon (NASDAQ: ARGN) develops products based on its advanced, proprietary, efficient thermoelectric (TE) technologies for a wide range of global markets and heating and cooling applications. The Company’s current principal product is its proprietary Climate Control Seat® (CCS®) system, a solid-state, TE-based system that permits drivers and passengers of vehicles to individually and actively control the heating and cooling of their respective seats to ensure maximum year-round comfort. CCS, which is the only system of its type on the market today, uses no CFCs or other environmentally sensitive coolants. Amerigon maintains sales and technical support centers in Southern California, Detroit, Japan, Germany, England and Korea.
Certain matters discussed in this release are forward-looking statements that involve risks and uncertainties, and actual results may be different. Important factors that could cause the Company’s actual results to differ materially from its expectations in this release are risks that sales may not significantly increase, additional financing, if necessary, may not be available, new competitors may arise and adverse conditions in the automotive industry may negatively affect its results. The liquidity and trading price of its common stock may be negatively affected by these and other factors. Please also refer to Amerigon’s Securities and Exchange Commission filings and reports, including, but not limited to, its Form 10-K for the year ended December 31, 2009.
# # # #