Amended Current Report Filing (8-k/a)
February 27 2020 - 6:20AM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K/A
(Amendment
No. 1)
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): January 14, 2020
DOCUMENT
SECURITY SYSTEMS, INC.
(Exact
name of registrant as specified in its charter)
New
York
|
|
001-32146
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16-1229730
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(State
or other jurisdiction
of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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200
Canal View Boulevard
Suite
300
Rochester,
NY
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14623
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (585) 325-3610
Not
Applicable
(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):
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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[ ]
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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[ ]
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Ticker
symbol(s)
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Name
of each exchange on which registered
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Common
Stock, $0.02 par value per share
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DSS
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The
NYSE American LLC
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Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company [ ]
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for
complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. [ ]
Explanatory
Note
This
Amendment No. 1 on Form 8-K/A (the “Amendment”) amends the Current Report on Form 8-K filed by Document Security Systems,
Inc. (the “Company”) on January 15, 2020 (the “Original Form 8-K”). The Company’s subsidiary, DSS
Technology Management (“DSSTM”), had previously filed suit against Apple, Inc. (“Apple”) for patent infringement.
The Original Form 8-K reported that on January 14, 2020, the United States District Court for the Northern District of California
(the “Court”), in the case captioned DSS Technology Management, Inc. v. Apple, Inc., 4:14-cv-05330-HSG, issued
an order that denied DSSTM’s motion to amend its infringement contentions (the “Order”). In the same Order,
the Court granted Apple’s motion to strike DSSTM’s infringement expert report.
The
Company is filing this Amendment to the Original Form 8-K to report the Final Judgment of non-infringement entered by the Court
on February 24, 2020 (the “Final Judgment”).
Item
8.01 Other Events
On
February 24, 2020, the Court in the case DSS Technology Management, Inc. v. Apple, Inc. entered the Final Judgment. The
Final Judgment was based on the Court’s prior decision in which the Court denied DSSTM’s motion to amend infringement
contentions and granted Apple’s motion to strike DSSTM’ joint expert report on infringement. DSSTM intends to appeal
the Final Judgment.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Amendment No. 1 on Form 8-K/A
to be signed on its behalf by the undersigned hereunto duly authorized.
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DOCUMENT
SECURITY SYSTEMS, INC.
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Dated:
February 26, 2020
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By:
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/s/
Frank D. Heuszel
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Name:
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Frank
D. Heuszel
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Title:
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Chief
Executive Officer and Interim Chief Financial Officer
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