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Section 1: 8-K (8-K)

Document


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):
July 10, 2019

PLANTRONICS, INC.

(Exact name of Registrant as Specified in its Charter)

Delaware
1-12696
77-0207692
(State or Other Jurisdiction of Incorporation)
 (Commission file number)
(I.R.S. Employer Identification No.)

345 Encinal Street
Santa Cruz, California 95060
(Address of Principal Executive Offices including Zip Code)

(831) 426-5858
(Registrant's Telephone Number, Including Area Code)

Not Applicable
(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:
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:
Title of each class
 
Trading Symbol(s)
 
Name of each exchange on which registered
COMMON STOCK, $0.01 PAR VALUE
 
PLT
 
NEW YORK STOCK EXCHANGE

Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company o






If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o





Item 7.01 Regulation FD Disclosure

On July 10, 2019, Plantronics, Inc. (the "Company") issued a press release entitled "Poly Announces Third Circuit Court of Appeals Ruling Issued on Antitrust Litigation." A copy of the Press Release is hereby furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.

The information contained in this Item 7.01 and in Exhibit 99.1, attached hereto, is intended to be furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

Item 9.01 Financial Statements and Exhibits

The following exhibit is furnished as part of this Current Report on Form 8-K:
Exhibit Number
Description
99.1

SIGNATURE

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. 

 
  
 
 
Date: 
July 10, 2019
PLANTRONICS, INC.
 
 
 
 
 
 
By:
/s/ Paul Katawicz
 
 
Name:
Paul Katawicz
 
 
Title:
Vice President, Deputy General Counsel and Assistant Secretary



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Section 2: EX-99.1 (EXHIBIT 99.1)

Exhibit

398660873_finalpolylogorgb.jpg

Poly Announces Third Circuit Court of Appeals Ruling Issued on Antitrust Litigation

GN Netcom’s Request for Default Judgement Against Plantronics Unanimously Denied;
New Trial Ordered

SANTA CRUZ, Calif. – July 10, 2019 – Plantronics, Inc. (“Poly” – formerly Plantronics and Polycom) (NYSE: PLT), a global communications company, today issued the following statement:
“Today, a panel of the Third Circuit Court of Appeals denied GN Netcom’s request for the entry of default judgment in its favor in its antitrust case against Plantronics.  GN previously filed an antitrust lawsuit against Plantronics alleging anticompetitive conduct. In October of 2017, after approximately an hour of deliberations, a jury in Delaware federal court rejected GN’s claims and unanimously found in favor of Plantronics. 
GN appealed the jury’s decision and further contended that default judgment on the merits of its case should be automatically entered in GN’s favor because certain Plantronics emails from several years ago could not be recovered or otherwise restored.  Today, a panel of the Third Circuit Court of Appeals unanimously denied GN Netcom’s request for default judgment. 
In a 2-1 decision, with the Chief Judge of the Court dissenting, the majority of the panel did find that the District Court below should have permitted the testimony of one of GN’s witnesses and ordered a new trial.  The Chief Judge, on the other hand, found that the District Court properly addressed the issue at trial.  
While we are disappointed that the panel granted a new trial, we agree with the views expressed by the Chief Judge of the Third Circuit Court of Appeals in his dissent and look forward to seeking further review of the issue via rehearing.”
About Poly
Plantronics, Inc. (“Poly” – formerly Plantronics and Polycom) (NYSE: PLT) is a global communications company that powers meaningful human connection and collaboration. Poly combines legendary audio expertise and powerful video and conferencing capabilities to overcome the distractions, complexity and distance that make communication in and out of the workplace challenging. Poly believes in solutions that make life easier when they work together and with our partners’ services. Our headsets, software, desk phones, audio and video conferencing, analytics and services are used worldwide and are a leading choice for every kind of workspace. For more information visit www.Poly.com.
Poly, the propeller design, and the Poly logo are trademarks of Plantronics, Inc. All other trademarks are the property of their respective owners.

Poly Media Contact:
Edie Kissko
Poly
+1 213-369-3719
edie.kissko@poly.com


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