UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 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): June 10, 2009
TEMPUR-PEDIC
INTERNATIONAL INC.
(Exact
name of registrant as specified in its charter)
|
Delaware
|
001-31922
|
33-1022198
|
|
(State
or other jurisdiction of incorporation)
|
(Commission
File Number)
|
(I.R.S.
Employer Identification No.)
|
1713
Jaggie Fox Way
Lexington,
Kentucky 40511
(Address
of principal executive offices) (Zip Code)
(800)
878-8889
(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 (see General Instruction
A.2. below):
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))
Item 7.01.
Regulation FD Disclosure
On June
10, 2009, Tempur-Pedic International Inc. issued a press release announcing
that two of its subsidiaries, Tempur-Pedic Management, Inc. and Tempur-Pedic
North America, LLC (collectively, Tempur-Pedic), have filed a lawsuit
against companies who they believe are violating their patent protecting the
proprietary design and construction of Tempur-Pedic's mattresses. A copy of
this press release is furnished as Exhibit 99.1 to this current report on Form
8-K.
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
(d) Exhibits
|
Exhibit
|
|
Description
|
SIGNATURES
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.
| Tempur-Pedic International Inc. | |||
|
Date: June
10, 2009
|
By:
|
/s/ DALE E. WILLIAMS | |
| Name: Dale E. Williams | |||
| Title: Executive Vice President, Chief Financial Officer and Secretary | |||
EXHIBIT
INDEX
|
Exhibit
|
|
Description
|
TEMPUR-PEDIC
FILES PATENT INFRINGEMENT SUIT
LEXINGTON, KY, June 10, 2009 –
Tempur-Pedic International Inc. (NYSE: TPX), the leading manufacturer, marketer
and distributor of premium mattresses and pillows worldwide, today announced
that two of its subsidiaries, Tempur-Pedic Management, Inc. and Tempur-Pedic
North America, LLC (collectively “Tempur-Pedic”), have filed a lawsuit against
companies who they believe are violating their patent protecting the proprietary
design and construction of Tempur-Pedic’s mattresses. The lawsuit, which was
filed today in the U.S. District Court for the Western District of Virginia,
outlines patent infringement claims against each of the defendant
companies.
On March
24, 2009, the United States Patent and Trademark Office issued Patent Number
7,507,468, titled “Laminated Visco-Elastic Support,” to Tempur-Pedic. This
patent is directed to a variety of mattress constructions utilizing
layers of visco-elastic and other foam materials. The patent grants
Tempur-Pedic exclusive rights to make, use and sell products incorporating the
inventions claimed in the ‘468 patent.
“Tempur-Pedic
is committed to making significant investments to enhance the performance and
durability of our products. As part of our long-standing investment
strategy, we work diligently to protect our proprietary technologies and we will
vigorously defend our intellectual property from infringement,” said Matt Clift,
Tempur-Pedic Executive Vice President of Global Operations, head of
Tempur-Pedic’s Advanced Technology and Manufacturing Group.
The
companies named in the suit are Anatomic Global Inc., Bragada Inc., Carpenter
Co., Classic Sleep Products, Inc., Englander Sleep Products, LLC, Essentia
U.S.A., LLC, IR Specialty Foam, LLC, Jeffco Fibres, Inc., Sealy Corporation,
Serta Inc., Serta Restokraft Mattress Co., Sleep Products, Inc., Simmons Bedding
Company, Spirit Sleep Products, LLC, The Simmons Manufacturing Co., LLC,
WCW, Inc., and World Sleep Products, Inc.
The
patent and lawsuit referred to above are not related to the formulation of
proprietary TEMPUR® material.
About
the Company
Tempur-Pedic
International Inc. (NYSE: TPX) manufactures and distributes
mattresses and pillows made from its proprietary TEMPUR® pressure-relieving
material. It is the worldwide leader in premium and specialty sleep. The Company
is focused on developing, manufacturing and marketing advanced sleep surfaces
that help improve the quality of life for people around the world. The Company’s
products are currently sold in over 70 countries under the TEMPUR® and
Tempur-Pedic® brand names. World headquarters for Tempur-Pedic International is
in Lexington, KY. For more information, visit http://www.tempurpedic.com or call
800-805-3635.
Contact:
Barry
Hytinen
Vice
President
800-805-3635