1 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 April 12, 2001 Date of Report (Date of earliest event reported) NETERGY NETWORKS, INC. (Exact name of registrant as specified in its charter) Delaware 333-15627 77-0142404 (State or other jurisdiction of (Commission File Number) (I.R.S. Employer incorporation) Identification No.) 2445 Mission College Blvd. Santa Clara, California 95054 (Address of principal executive offices) (408) 727-1885 (Registrant's telephone number, including area code)
2 ITEM 5. OTHER EVENTS On April 12, 2001, Netergy Networks, Inc. issued a press release announcing that it had been sued, along with Sun Microsystems, Inc., Netscape Communications Canada Inc., Burntsand Inc., and Intraware Canada, Inc., in British Columbia, Canada by Milinx Business Services, Inc. and Milinx Business Group Inc. A copy of the foregoing press release is included as Exhibit 99.1 hereto and is incorporated herein by reference. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS (c) Exhibits. Exhibit Number Description -------------- ----------- 99.1 Press release dated April 12, 2001. 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. NETERGY NETWORKS, INC. Dated: April 23, 2001 By: /s/ DAVID STOLL ------------------------------------- David Stoll Chief Financial Officer
3 EXHIBIT INDEX Exhibit Number Description - -------------- ----------- 99.1 Press release dated April 12, 2001.
1 CONTACTS: John Barrett Netergy Networks (408) 654-0848 john.barrett@netergynet.com FOR IMMEDIATE RELEASE NETERGY NETWORKS ANNOUNCES LAWSUIT SANTA CLARA, Calif., April 12, 2001 -- Netergy Networks, Inc. (Nasdaq: NTRG) announced today that it has been sued in British Columbia, Canada by Milinx Business Services, Inc. and Milinx Business Group Inc. Netergy is one of five named defendants in the lawsuit, the others being Sun Microsystems, Inc., Netscape Communications Canada Inc., Burntsand Inc., and Intraware Canada, Inc. Netergy learned of the lawsuit, which was filed April 6th, earlier today. The lawsuit seeks general, special and aggravated damages totaling in excess of $65 million Canadian plus interest, costs and any further relief the court may wish to provide. Netergy has no comment on the lawsuit other than to say it has retained counsel in British Columbia in connection with the action.