Dss, Inc 8-K/A, filed Feb 27, 2020

UNITEDSTATES

SECURITIESAND EXCHANGE COMMISSION

Washington,D.C. 20549

FORM8-K/A

(AmendmentNo. 1)

CURRENTREPORT

Pursuantto Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 14, 2020

DOCUMENTSECURITY SYSTEMS, INC.

(Exact name of registrant as specified in its charter)

Registrant’s telephone number, including area code: (585) 325-3610

NotApplicable

(Formername 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):

Securities registered pursuant to Section 12(b) of the Act:

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. [  ]

ExplanatoryNote

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”).

Item8.01 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.