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 Company's 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 Company's 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
WesternGeco's patents and asserts that the WesternGeco patents are invalid or
unenforceable. The Company also asserts that WesternGeco's 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 Company's proprietary
technology and breached a confidentiality agreement between the parties by using
the Company's technology in its patents and products and that WesternGeco
tortiously interfered with the Company's 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.
(a) Financial statements of businesses acquired.
Not applicable.
(b) Pro forma financial information.
Not applicable.
(c) Shell company transactions.
Not applicable.
(d) Exhibits.
Exhibit Number Description
99.1 Press Release dated June 22, 2009.