Kayak filed a 7th amendment to its November 2010 registration statement and it provided few new clues about Kayak's IPO intentions.
There was no new information about pricing or timing, and Kayak stuck with its previous calculation that an IPO was 50% likely while chances of a strategic sale or staying as a private company stood at 20% and 30%, respectively.
Among the new tidbits in the SEC filing was that the Kayak's dispute with Orbitz Worldwide over their 2009 Promotion Agreement had entered a courtroom before being withdrawn in favor of arbitration.
Kayak says Orbitz sued Kayak on March 22, 2011, in the Circuit Court of Cook County, Ill., alleging that Kayak violated exclusivity provisions in the way Kayak uses third parties in its hotel offering.
Orbitz was rebuffed in seeking a temporary restraining order a few days later, initiated an arbitration proceeding and then voluntarily dismissed the court case, Kayak says.
No deadlines have been established in the arbitration proceeding and Kayak says it "intends to vigorously defend ourselves in this matter."
In other news, Kayak has become subject to two new patent lawsuits this month.
I2Z Technology filed a federal lawsuit Sept. 13 in Delaware, alleging Kayak technology interferes with an E2Z patent "purporting to cover a Method and System for Synchronization of Simultaneous Displays of Related Data Sources," Kayak says.
And, Patent Group LLC filed a suit Sept. 15 in the same U.S. District Court in Delaware alleging that Kayak technology infringes on a Patent Group patent "purporting to cover a Telephone/Transaction Entry Device and System for Entering Transaction Data in Databases," Kayak says.
Google's acquisition of ITA Software may impact Kayak's IPO prospects and Kayak updated its registration statement to include the fact that Google launched Flight Search. Kayak states:
For example, Google recently launched the ability for users of its website to search for hotel and airfare pricing and availability, and if Google chooses to integrate such offerings with other Google services such as Google maps and weather information, then the number of users that visit our websites and our ability to attract advertising dollars could be negatively impacted.
Meanwhile, the 10-month wait for the Kayak IPO continues.