eMagin Corporation (NYSEMKT:EMAN) Files An 8-K Other EventsItem 8.01 Other Events.
On May 19, 2017, eMagin Corporation (the “Company” or “we”) filed a prospectus supplement to the base prospectus included in the Company’s shelf registration statement on Form S-3 (Registration No. 333-196720), filed with the Securities and Exchange Commission on June 13, 2014. The prospectus supplement sets forth the following disclosure under the heading “Risk Factors”:
Third parties may assert intellectual property claims against us which could harm our business.
We may face third party claims that our business practices or products infringe adversely held intellectual property rights. We may face third party claims that our employees or contractors have misappropriated and unlawfully disclosed to us for our benefit third party trade secrets or other proprietary information. Furthermore, we have agreed to indemnify customers for certain intellectual property claims brought against them. Defending any such claims, whether or not meritorious, would cause us to incur costs and may divert the attention of management and technical personnel. Resolution of any such claims by litigation or settlement may entail payment of damages, changes to our business practices or products, and changes in our relationships with our customers, employees, or contractors.
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We are filing this risk factor in this Current Report on Form 8-K for purposes of updating the risk factor disclosure contained in our shelf registration statement on Form S-3 (Registration No. 333-196720) and our periodic reports filed under the Securities Exchange Act of 1934, as amended, as the case may be. The updated risk factor should be carefully considered along with any other risk factors related to the Company’s business identified in the Company’s other periodic and current reports filed with the Securities and Exchange Commission. The occurrence of any one or more of these risks could materially and adversely affect the Company’s business, financial condition and results of operations.
This Current Report on Form 8-K does not constitute an offer to sell, or a solicitation of an offer to buy, any securities of the Company or any of its subsidiaries.