form8k030509.htm
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
CREE, INC.
(Exact name of registrant as
specified in its charter)
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North
Carolina
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0-21154
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56-1572719
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(State or other jurisdiction
of
incorporation)
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(Commission File
Number)
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(I.R.S.
Employer
Identification
Number)
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4600 Silicon
Drive
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Durham, North
Carolina
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27703
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(Address of principal executive
offices)
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(Zip
Code)
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(919) 313-5300
Registrant’s telephone number,
including area code
N/A
(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 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))
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Item
7.01
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Regulation FD
Disclosure
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Cree,
Inc. (the “Company”) has entered into a Dismissal Agreement dated February 25,
2009 (the “Dismissal Agreement”) with Honeywell International, Inc.
(“Honeywell”) and the Trustees of Boston University (the “University”) relating
to the lawsuit pending in the United States District Court for the Eastern
District of Texas captioned Honeywell International Inc. v.
Philips Lumileds Lighting Co. and Cree, Inc., Civil Action No.
2:07-CV-463 (CE). Honeywell claimed in the lawsuit that the Company
had infringed U.S. Patent No. 6,373,188 owned by Honeywell, and the Company,
together with the University, asserted counterclaims against Honeywell alleging
that Honeywell had infringed U.S. Patent Nos. 5,686,738 and 7,235,819 owned by
the University and licensed exclusively to the Company. Pursuant to
the Dismissal Agreement, the Company, the University and Honeywell have agreed
to dismiss, without prejudice, all claims, counterclaims and defenses asserted
by and against each other in the lawsuit.
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.
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CREE,
INC.
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By:
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/s/
Charles M. Swoboda |
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Charles
M. Swoboda
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Chief
Executive Officer & President
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Date:
March 5, 2009