United States Securities and Exchange Commission Form 8-K Spectrum Brands, Inc
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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): August 1, 2008 (July 28, 2008) SPECTRUM BRANDS, INC. (Exact name of registrant as specified in its charter) Wisconsin 001-13615 22-2423556 (State or Other Jurisdiction of Incorporation) (Commission File Number) (IRS Employer Identification Number) Six Concourse Parkway, Suite 3300 30328 Atlanta, Georgia (Address of Principal Executive Offices) (Zip Code) (770) 829-6200 (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 8.01. Other Events. On July 28, 2008, Spectrum Brands, Inc., a Wisconsin corporation (the "Company"), issued a press release in connection with its response to claims made by Energizer Holdings, Inc. and Eveready Battery Co., Inc. that Rayovac's new Rayovac® Lithium® batteries infringe two of Energizer's U.S. patents. A copy of the press release is attached hereto as Exhibit 99.1. Forward Looking Information Certain statements in this report are forward-looking statements which includes all statements other than those made solely with respect to historical fact. Forward-looking statements speak only as of the date on which they are made, and we undertake no obligation to update or revise any forward-looking statements. These statements are subject to a number of risks and uncertainties that could cause actual results to differ materially from those anticipated as of the date of this release. Item 9.01 Financial Statements and Exhibits (d) Exhibits The following exhibits are filed herewith: Exhibit Number Description 99.1 Press Release issued by Spectrum Brands, Inc. on July 28, 2008. 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. Date: August 1, 2008 SPECTRUM BRANDS, INC. By: /s/ Anthony L. Genito Name: Anthony L. Genito Title: Executive Vice President, Chief Financial Officer and Chief Accounting Officer EXHIBIT INDEX Exhibit Description 99.1 Press Release issued by Spectrum Brands, Inc. on July 28, 2008. Exhibit 99.1 Spectrum Brands Refutes Claims Made By Energizer ATLANTA, July 28, 2008 – (SPC: NYSE) Spectrum Brands ("Spectrum") responded today to a patent infringement lawsuit initiated by Energizer Holdings, Inc. and Eveready Battery Co., Inc. ("Energizer") in the U.S. District Court for the Western District of Wisconsin. Spectrum strongly refutes the claims made by Energizer, which allege that Rayovac's new Rayovac® Lithium® batteries, which compete with Energizer® e2® Lithium® batteries, infringe two of Energizer's U.S. patents. Spectrum will vigorously defend itself against the complaint. Spectrum has recently introduced its lithium product at retail in an effort to provide consumers with a lower cost alternative. Sales of lithium batteries are not expected to have a material impact on the Spectrum's 2008 or 2009 financial results. About Spectrum Brands, Inc. Spectrum Brands is a global consumer products company and a leading supplier of consumer batteries, lawn and garden care products, specialty pet supplies, shaving and grooming products, household insect control products, personal care products and portable lighting. Helping to meet the needs of consumers worldwide, included in its portfolio of widely trusted brands are Rayovac®, Varta®, Remington®, Tetra®, Marineland®, Nature's Miracle®, Dingo®, 8-In-1®, Spectracide®, Schultz®, Cutter®, Repel®, and HotShot®. Spectrum Brands' products are sold by the world's top 25 retailers and are available in more than one million stores in more than 120 countries around the world. Headquartered in Atlanta, Georgia, Spectrum Brands generated fiscal year 2007 net sales of $2.6 billion. The Company's stock trades on the New York Stock Exchange under the symbol SPC. Investor Contact: Carey Skinner DVP Investor Relations, Spectrum Brands 770-829-6208 Media Contact: Sard Verbinnen & Co for Spectrum Brands Kara Findlay 212-687-8080 or Matt Benson 415-618-8750 .