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

Actuate Corporation

Delaware		0-24607		94-3193197
(State of Incorporation)		(Commission File Number)		(IRS Employer
				Identification Number)

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:

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 1.01 Entry into a Material Definitive Agreement.

On June 14, 2010, Actuate Corporation (Actuate) and Oracle America, Inc. (Oracle) entered into an agreement (the “the Agreement”) to end a dispute (Actuate Corporation v. Oracle USA, Inc. and Does 1 through 10, San Mateo County Superior Court Case No. 481387) (the “Dispute”) regarding distributions of Actuate software by Oracle. Oracle agreed to pay a total of $16 million to Actuate in twelve equal quarterly installments.

Under the terms of the Agreement, Actuate agreed to dismiss the Dispute. The parties agreed to a mutual release and that the agreement was not to be understood as a determination that either party engaged in any wrongdoing.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

		Actuate Corporation
Date: June 18, 2010		By:		/s/ Peter I. Cittadini
		Name:		Peter I. Cittadini
		Title:		President and Chief Executive Officer