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: July 29, 2008
(Date
of
earliest event reported)
McAfee,
Inc.
(Exact
Name of Registrant as specified in Charter)
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Delaware
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Commission
File No.:
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77-0316593
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(State
or other Jurisdiction
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001-31216
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(I.R.S.
Employer Identification No.)
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of
incorporation)
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3965
Freedom Circle
Santa
Clara, California 95054
(Address
of Principal Executive Offices, including zip code)
(408) 346-3832
(Registrant’s
telephone number, including area code)
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
2.02. Results
of Operations and Financial Condition.
On
July
31, 2008, McAfee, Inc. (“McAfee”) issued a press release announcing its
preliminary results for the second quarter ended June 30, 2008. A copy of
the
press release is attached hereto as Exhibit 99.1 and is hereby furnished
and not
filed. Unless expressly incorporated into a filing of McAfee under the
Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as
amended, made after the date hereof, the information contained in this Item
2.02
and in the furnished press release shall not be incorporated by reference
into
any filing of McAfee, whether made before or after the date hereof, regardless
of any general incorporation language in any such filing.
Item
8.01. Other
Events.
On
July
29, 2008, McAfee, Inc. (“McAfee”) and Deep Nines, Inc. (“Deep Nines”) agreed
upon the terms of a settlement of the lawsuit brought by Deep Nines against
McAfee in the U.S. District Court for the Eastern District of Texas, including
the dismissal with prejudice, and release, of all claims against McAfee.
In
addition to the dismissal and release of claims, McAfee acquired certain
patent
rights. In consideration of the settlement and release of all claims and
additional patent rights, McAfee agreed to pay Deep Nines $25
million.
Item
9.01. Financial
Statements and Exhibits.
(d)
Exhibits:
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99.1
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Press
Release, dated July 31, 2008, announcing
McAfee’s preliminary results for the second quarter ended June 30,
2008.
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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.
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McAfee,
Inc.
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Date:
July 31, 2008
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By:
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/s/ Keith
S. Krzeminski |
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Keith
S. Krzeminski
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Chief
Accounting Officer and Senior
Vice
President of Finance
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