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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
DATED AUGUST 5, 2003
of
ARRIS GROUP, INC.
A Delaware Corporation
IRS Employer Identification No. 58-2588724
SEC File Number 001-16631
11450 TECHNOLOGY CIRCLE
DULUTH, GEORGIA 30097
(678) 473-2000
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ITEM 5. OTHER ITEMS
Mezzalingua Litigation. ARRIS is a party to three lawsuits brought by or
against John Mezzalingua Associates, Inc. d/b/a PPC, including a suit initiated
by Mezzalingua in July 2003 in the Federal Court for the Western District of
Wisconsin.
In the first lawsuit, John Mezzalingua Associates, Inc. d/b/a/ PPC v.
Antec Corp., No. 3:01CV-482-J-25-HTS (M.D. Fla., Jacksonville Div., filed May 4,
2001), Mezzalingua alleged that ARRIS' Digicon product infringed on a design
patent owned by Mezzalingua. Following a verdict in Mezzalingua's favor,
Mezzalingua was awarded approximately $1.9 million in damages plus post-judgment
interest. ARRIS stopped selling the allegedly infringing product and appealed
the judgment. The appeal is pending.
In the second lawsuit, Arris International, Inc. and Randall A. Holliday
v. John Mezzalingua Associates, Inc. d/b/a/ PPC, No. 01-WM-2061 (D. Colo. filed
October 17, 2001), ARRIS and Mr. Holliday alleged that Mezzalingua's EX product
infringes on two utility patents issued to Mr. Holliday and licensed to ARRIS.
Mezzalingua counterclaimed on various grounds, including antitrust and unfair
competition. Discovery has concluded on the primary claims and the parties have
pending motions for summary judgment. A trial date has been set for April 2004.
In the third lawsuit, Mezzalingua Associates, Inc. d/b/a PPC, Inc. v.
Arris International, Inc., No. 03-C-0353-C (W.D. Wis. filed July 1, 2003),
Mezzalingua alleged that certain of ARRIS' Digicon products infringe on a
utility patent issued to Mezzalingua on May 6, 2003. The Court preliminarily
enjoined ARRIS' further sale of the product, and ARRIS has requested a
reconsideration with respect to the injunction. ARRIS stopped selling the
allegedly infringing product.
ARRIS intends to vigorously pursue all three lawsuits. However, ARRIS
cannot provide any assurances as to the outcome of the litigation or that, if
the outcome is unfavorable, the aggregate adverse results will not be material
to ARRIS and its business.
Metal Press Litigation. ARRIS is a defendant in a case entitled Metal
Press S.A. de C.V. v. ARRIS International, Inc. f/k/a/ Antec Corporation, No.
1:01-CV-2435-CAP (N.D. Ga., Atlanta Div., filed September 13, 2001). In general,
Metal Press alleges that ARRIS breached a requirements contract for certain
products. Discovery is substantially complete, and ARRIS is in the process of
preparing a motion for summary judgment. ARRIS does not believe that Metal
Press' claims are meritorious and intends to vigorously contest them.
SIGNATURES
Pursuant to the requirements of Section 12 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.
ARRIS Group, Inc.
By: /s/ Lawrence A. Margolis
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Lawrence A. Margolis,
Executive Vice President, Chief
Financial Officer and Secretary
Dated: August 5, 2003