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 |
|
Date of report (Date of earliest event reported): November 15, 2019 |
CVD EQUIPMENT CORPORATION
(Exact Name of Registrant as Specified in Its Charter) |
New York |
| 1-16525 |
| 11-2621692 |
(State or Other Jurisdiction of Incorporation or Organization) |
| (Commission File Number) |
| (IRS Employer Identification No.) |
355 South Technology Drive Central Islip, New York |
|
11722 |
(Address of Principal Executive Offices) |
| (Zip Code) |
Registrant’s Telephone Number, Including Area Code: (631) 981-7081
(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 communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
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☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
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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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☐ | Pre-commencement 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 of each class | Trading Symbol(s) | Name of exchange on which registered |
Common Stock | CVV | Nasdaq 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 ☐ |
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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 |
On November 15, 2019, a complaint naming CVD Equipment Corporation (the “Company”) as defendant (the “Complaint”) was filed in the United States District Court for the Eastern District of New York by plaintiff O2Cure Ltd (“O2Cure”).
The complaint relates to O2Cure’s U.S. Patent No. 9,138,522 and 9,827,534 titled “Gas Exchanger and Artificial Lung,” alleges patent infringement by the Company under the patent laws of the United States, 35 U.S.C. § 271 et seq., and seeks injunctive relief against the Company together with an unspecified amount of damages.
Although the ultimate outcome of this matter cannot be determined with certainty, the Company believes that the allegations stated in the Complaint are entirely without merit. The Company intends to defend itself vigorously in the suit.
SIGNATURES
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 thereunto duly authorized.
Date: November 20, 2019
| CVD EQUIPMENT CORPORATION | |
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| By: | /s/ Thomas McNeill |
| Name: | Thomas McNeill |
| Title: | Chief Financial Officer |