This excerpt taken from the INFY 6-K filed Feb 23, 2005.
Part II Other Information
The company is subject to legal proceedings and claims which have arisen in the ordinary course of its business. Legal actions, when ultimately concluded and determined, will not, in the opinion of management, have a material effect on the results of operations or the financial position of the company.
In the year ended March 31, 2004, Ms. Jennifer Griffith, a former employee, filed a lawsuit against the company and its former director, Mr. Phaneesh Murthy. The lawsuit was served on the company during the quarter ended December 31, 2003. This matter has been recently settled. Pursuant to the settlement agreement, all of Ms. Griffiths claims against the company have been released and the lawsuit was dismissed in December 2004.
On September 9, 2004 the Intellectual Property Appellate Board of India (IPAB), upheld an application made by an infringer of the INFOSYS trademark, Jupiter International Limited (formerly called Jupiter Infosys Limited), and ordered the cancellation of our registration of the INFOSYS trademark in classes 7, 9 and 16. We moved a Special Leave Petition before the Supreme Court of India to stay the order of the IPAB. On October 12, 2004, the Supreme Court of India stayed the order of the IPAB temporarily. Based on our present knowledge, we believe that we will prevail in this action and that the action will not have any material impact on our results of operations or financial position.
The following is a brief description of the matters voted upon at the Extraordinary General Meeting (EGM) of the company held on December 18, 2004 along with votes cast for, against or withheld, as well as the number of abstentions and broker non-votes, as to each matter. The matters to be voted upon were notified to the shareholders on record and all Registered Holders of the American Depositary Receipts (the ADRs) who were holding the ADRs, as on a record dated determined by the Depositary. 762 shareholders representing in aggregate 13056131 shares attended the EGM in person and 202 shareholders representing in aggregate 74809275 shares attended the EGM through a proxy, including two proxies representing the Depositary to carry out the instructions of the holders of ADRs representing 21502181 ADRs (as on December 15, 2004).
Infosys filed no reports on Form 8-K during the quarter ended December 31, 2004. As a foreign private issuer, the Company does not file reports on Form 8-K. During the quarter ended December 31, 2004, the Company furnished the following reports on Form 6-K:
Form 6-K filed on December 21, 2004 containing certain information included in a Registration Statement on Form F-3 (File No. 333-121444) filed with the Securities and Exchange Commission on December 20, 2004 in connection with the companys sponsored offering of American Depositary Receipts.
The Exhibit Index attached hereto is incorporated by reference to this item.