SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported)
January 25, 2011
(Exact name of registrant as specified in its charter)
4000 International Parkway
Carrollton, Texas 75007
(Address of principal executive offices, including zip code)
(Registrants telephone number, including area code)
(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):
TABLE OF CONTENTS
On January 25, 2011, RealPage, Inc. (RealPage or we) issued a press release announcing that on January 24, 2011 Yardi Systems, Inc. filed a lawsuit against RealPage, Inc. A copy of the press release is furnished herewith as Exhibit 99.1.
On January 24, 2011, Yardi Systems, Inc. filed a lawsuit in the U.S. District Court for the Central District of California against RealPage and DC Consulting, Inc. The lawsuit alleges claims for relief for violation of the Computer Fraud and Abuse Act, violation of the California Comprehensive Data Access and Fraud Act, violation of the Digital Millennium Copyright Act, Copyright Infringement, Trade Secret Misappropriation, and Unfair Competition. The plaintiff primarily alleges that RealPage consultants used unauthorized passwords to gain access to confidential and copyrighted information and documentation relating to Yardi products. In its prayer for relief, Yardi Systems seeks remedies such as damages and injunctive relief.
Because this lawsuit is at an early stage, it is not possible to predict its outcome. We believe that we have meritorious defenses to the claims in this case and intend to defend it vigorously. However, even if we were successful in defending against such claims, the proceedings could result in significant costs and divert our managements attention.
Cautionary Statement Regarding Forward-Looking Statements
This press release contains forward-looking statements relating to RealPage, Inc.s expected or possible meritorious defenses, anticipated vigorous defense of Yardi Systems, Inc.s claims, and possible significant defense costs and diversion of managements attention. These forward-looking statements are based on managements beliefs and assumptions and on information currently available to management. Forward-looking statements include all statements that are not historical facts. Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to, the following: (a) the discovery of facts and circumstances currently not available to RealPages management; and (b) such other risks and uncertainties described more fully in documents filed with or furnished to the Securities and Exchange Commission (SEC), including RealPages Prospectus previously filed with SEC pursuant to Rule 424(b)(4) on December 7, 2010. All information provided in this release is as of the date hereof and RealPage, Inc. undertakes no duty to update this information except as required by law.
The information furnished in this Current Report under Item 8.01 and the exhibits attached hereto, shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
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: January 25, 2011