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): October 13, 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))
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As previously reported, on October 1, 2009, the jury returned a verdict in favor of ION
Geophysical Corporation (the Company) in a lawsuit filed by the Company against operating
subsidiaries of battery manufacturer Greatbatch, Inc., including its Electrochem division
(collectively Greatbatch), in the 24th Judicial District Court for the Parish of
Jefferson in the State of Louisiana. The Company filed the lawsuit, styled Input/Output, Inc. and
I/O Marine Systems, Inc. v. Wilson Greatbatch Technologies, Inc., Wilson Greatbatch, Ltd. d/b/a
Electrochem Lithium Batteries, and WGL Intermediate Holdings, Inc., Civil Action No. 578-881,
Division A, in 2002, alleging that Greatbatch had fraudulently misappropriated the Companys
product designs and other trade secrets related to the batteries and battery pack used in the
Companys DigiBIRD® marine towed streamer vertical control device and used the Companys
confidential information to manufacture and market competing batteries and battery packs. The jury
found that Greatbatch committed fraud, violated the Louisiana Unfair Trade Practices Act and
breached a trust and nondisclosure agreement between Greatbatch and the Company, and awarded the
Company $21,733,411 in compensatory damages.
On October 13, 2009, the presiding judge signed and entered the judgment, awarding the Company
the amount of the jury verdict, together with legal interest from the date of filing the lawsuit,
plus the Companys attorneys fees and costs. Through October 14, 2009, accrued legal interest
totaled $10,979,094, and interest will continue to accrue at the statutory annual rate of 8.5%
until paid. Including the verdict amount and accrued interest, the total judgment amount as of
October 14, 2009 was $32,712,505, plus the Companys attorneys fees and costs.
The information in this Current Report on Form 8-K 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.
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