8-K - KOPN - Equibles

UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

WASHINGTON,

DC 20549

FORM

8-K

CURRENT

REPORT

Pursuant

to Section 13 or 15(d) of the

Securities

Exchange Act of 1934

Dateof Report (Date of Earliest Event Reported) April 22, 2024

KOPIN

CORPORATION

(ExactName of Registrant as Specified in Charter)

Delaware	000-19882	04-2833935
(State or Other Jurisdiction<br><br> <br>of Incorporation)	(Commission<br><br> <br>File Number)	(IRS Employer<br><br> <br>Identification No.)

125North Drive, Westborough, MA 01581

(Addressof Principal Executive Offices) (Zip Code)

(508)870-5959

(Registrant’s telephone number, including area code)

N/A

(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):

☐	Written<br> communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting<br> material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement<br> communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement<br> communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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

Title<br> of each class	Trading<br> Symbol	Name<br> of each exchange on which registered
Common<br> Stock, par value $0.01	KOPN	Nasdaq<br> Capital Market

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. ☐

Item 8.01.	Other Events and exhibits.

Kopin Corporation (the “Company”) issued a press release on April 23, 2024, a copy of which is attached as Exhibit 99.1 to this Current Report on Form 8-K and incorporated herein by reference in which the Company announced that on Monday, April 22, 2024, a jury verdict was entered in the U.S. District Court for the District of Colorado finding for the plaintiff, BlueRadios, Inc. and awarding approximately $5.1 million in damages as well as recommending $19.7 million in disgorgement and exemplary damages. The Court will take that recommendation under advisement and will rule on the final number after briefing on the issues in the matter of BlueRadios, Inc. v. Kopin Corporation, Inc.

“We are very disappointed in the outcome and do not believe the findings were justified by the facts presented,” said Michael Murray Kopin’s Chief Executive Officer. “We are reviewing our options at this time, including an appeal of any judgment that is ultimately entered by the Court.”

(d)Exhibits

See

the Exhibit Index below, which is incorporated by reference herein.

EXHIBIT

INDEX

Exhibit	Description
99.1	Press Release dated April 23, 2024, entitled, “Kopin Corporation verses Blue Radios Inc.”.
104	Cover<br> Page Interactive Data File (embedded within the Inline XBRL document).

SIGNATURE

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

	KOPIN<br> CORPORATION
Dated:<br> April 23, 2024	By:	/s/ Richard A. Sneider
		Richard<br> A. Sneider
		Treasurer<br> and Chief Financial Officer
		(Principal<br> Financial and Accounting Officer)

Exhibit99.1

KopinCorporation versus Blue Radios Inc. Update

Westborough,Mass., April 23, 2024 – On Monday, April 22, 2024, a jury verdict was entered in the U.S. District Court for the District of Colorado finding for the plaintiff, BlueRadios, Inc. and awarding approximately $5.1 million in damages as well as recommending $19.7 million in disgorgement and exemplary damages. The Court will take that recommendation under advisement and will rule on the final number after briefing on the issues in the matter of BlueRadios, Inc. v. Kopin Corporation, Inc.

AboutKopin

Kopin Corporation is a leading developer and provider of innovative display and optical technologies sold as critical components and subassemblies for defense, industrial and consumer products. Kopin’s technology portfolio includes ultra-small Active-Matrix Liquid Crystal displays (AMLCD), Liquid Crystal on Silicon (LCOS) displays and Organic Light Emitting Diode (OLED) displays, a variety of optics, and low-power ASICs. For more information, please visit Kopin’s website at www.kopin.com.

Contact:

Richard Sneider**,** 508-870-5959

Treasurer and Chief Financial Officer

Richard_Sneider@kopin.com

Forward-LookingStatements

Statementsin this press release may be considered “forward-looking statements” within the meaning of Section 27A of the SecuritiesAct of 1933, as amended (the “Securities Act”), and Section 21E of the Securities Exchange Act of 1934, as amended (the “ExchangeAct”), which are subject to the safe harbor created by such sections. Words such as “expects,” “believes,”“can,” “will,” “estimates,” and variations of such words and similar expressions, and the negativesthereof, are intended to identify such forward-looking statements. We caution readers not to place undue reliance on any such “forward-lookingstatements,” which speak only as of the date made, and advise readers that these forward-looking statements are not guaranteesof future performance and involve certain risks, uncertainties, estimates, and assumptions by us that are difficult to predict. Theseforward-looking statements may include statements with respect our options including an appeal of any judgment. Various factors, someof which are beyond our control, could cause actual results to differ materially from those expressed in, or implied by, such forward-lookingstatements. All such forward-looking statements, whether written or oral, and whether made by us or on our behalf, are expressly qualifiedby these cautionary statements and any other cautionary statements that may accompany the forward-looking statements. In addition, wedisclaim any obligation to update any forward-looking statements to reflect events or circumstances after the date of this press release,except as may otherwise be required by the federal securities laws. These forward-looking statements are only predictions, subject torisks and uncertainties, and actual results could differ materially from those discussed. Important factors that could affect performanceand cause results to differ materially from management’s expectations are described in Part I, Item 1A. Risk Factors; Part II,Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations; and other parts of our Annual Reporton Form 10-K for the fiscal year ended December 30, 2023, or as updated from time to time our Securities and Exchange Commission filings.