To: Cactus Jack who wrote (54683 ) 8/27/2002 1:23:32 AM From: Dealer Read Replies (1) | Respond to of 65232 GMST--Gemstar Could Get Delisted for Not Filing 2nd-Quarter Report Monday August 26, 5:23 pm ET PASADENA, Calif. -- Gemstar-TV Guide International Inc. said late Monday it has received notice from the Nasdaq Stock Market (NDAQ) that its shares are subject to delisting because it didn't file its second-quarter report with the Securities and Exchange Commission on time. The provider of television-program guides said it requested a hearing on Friday, and it will take place between 10 and 30 days from that date. Gemstar, which is in the midst of a change in leadership at the behest of News Corp. (NWS) Chairman Rupert Murdoch, announced earlier this month it would have to restate its 2001 results "to reverse the recognition" of about $20 million in revenue at its TV Guide unit, and that further adjustments may be in order. The company added it wouldn't file its second-quarter report so the firm could account for costs related to its unsuccessful patent-infringement lawsuit and record the full reserve to cover receivables from Scientific-Atlanta Inc. (NYSE:SFA - News) , one of the parties it was challenging in that case. An administrative law judge at the International Trade Commission ruled three of the company's patents for an on-screen interactive program guide haven't been infringed. The judge also determined that "no domestic industry" exists for the patents, meaning the three companies it sued are permitted to import the cable- television set-top boxes which incorporate the patented technology. Gemstar was also one of 16 companies which didn't meet the SEC's Aug. 14 mandate to certify its financial results. At 4 p.m. EDT on the Nasdaq, shares of Gemstar were up 20 cents, or 4.7%, at $ 4.48. In after-hours activity, the stock fell to $4.20, according to Island ECN. -Kevin Kingsbury; Dow Jones Newswires; 609-520-4367